C. B. 11 No. 289

LOK SABH A

THE NATIONAL LIBRARY BILL, 1972

(REPORT OF THE JOINT COMMITTEE)

[Presented on th j 26th July, 1974]

L O K SABHA SECRETARIAT NEW DELHI

July, 1974ISravarn, 1896 (Saka ).

Price : Rs. 2 .3 0 Joint /Select Committee Reports Presented in the jjoic Sab ha during the year" 1g74T~

SI.No• Title Date of presentatio xxxxxx 1* The Untouchability (Offences) Amendment 22*2.74 and Miscellaneous Provision Bill, 1972 (Report of the Joint Committee)

2, The Direct Taxes (Amendment) Bill, 1973 29.4.74 (Report of the Select Committee) -do- EVIDENCE

The disturbed Areas (Special Courts) Bill, 30.4.74 1972 (Report of t.e Joint Committee)

4. The National Library Bill, 1972 26.7.74 (Report of the Joint Committee) -do- EVIDENCE LOK SABHA SECRETARIAT

CORRIGENDA to the Report of the Joint Committee on the National Library Bill, 1972,

Page (i), jjglsts. line 13. Page (x v li), lin e 21, for "But" read "By" Page (xix), line 1*f, for "Ta3" read ’’Tel” Page (xx), (i) line 18, jCqt "ac c e p t read "accessible" ( ii) lin e 3 from bottom, lor "penetrated” read flperpet rated" Page (xxi), lin e 11, £o£ "perized" read "prized" Page 3, lin e 30, for "undiscouraged" read "undischarged" Page *+•, Clause 9, marginal heading, add at the end "in the Board" Page 10, lin e 7, dele t e "27 of" Page 13, lin e 9, for "of" read "or” Page 21 (i) Serid. No. 75, XSX "Librian" read "Librarian" ( i i ) Serial No. 85, for "Day" read "Dey" Page 22, Serial No. 97* for Putt a" read "IXitt" Page 38, lin e 5, for "Reseahch" read "Research" Page 50, lin e 3 from bottom, jjax "Berupal" ££&& "Baiupal" Page 90, lin e 9 from bottom, for "conducing"- read "conducting" CONTENTS

Page

C omposition op the Joint C om mittee ...... (iii) R eport of thb Joint C ommittee ...... (v) - ~ M inutbs of d i s s e n t ...... (3d) y Bil l as R bportrd by thb Joint C o m m i t t e e ...... Appendix I : Motion in Lok Sabha for reference of the Bill to the Joint Committee ...... 15 A ppendix I I : Motion in R^jya Sabha ...... 17

A ppendix III : List of Associations, Organisations, etc. from whom Memoranda were received by the Joint Committee . . . . 18 thb joint C ommittee . A ppbndix I V : List of Associations, O ganisations, etc. who gave evidence before the Joint Committee ...... 29

A ppendix V : Minutes of sittings of the Joint Committee . . . . . 33 JOINT COMMITTEE ON THE NATIONAL LIBRARY BILL, 1972. j COMPOSITION OF THE COMMITTEE Shri Amamath Vidyalankar—Chairman

M e m b e r s Lok Sabha 2. Shri Achal Singh *3. Shri A. K. Kotrashetti 4. Shri Virendrt* Agarwala 5. Shri Shrikrishna Agarwal 6. Shri Anand Singh 7. Shri Panna Lai Barupal 8 . Shri S. C. Besra 9. Shri Biren Engti 10. Shri R. R. Singh Deo 11. Shri K. Gopal 12. Shri Samar Guha 13. Shri B. R. Kavade 14. Shri E. R. Krishnan 15. Shri Y. S. Mahajan 16. Shri Kumar Majhi 17. Shri H. N. Mukerjee 18. Shri Saroj Mukherjee 19. Shri Tuna Oraon 20. Shri Narain Chand Parashar 21. Shri Natwarlal Patel 22. Shri Ramubhai Ravjibhai Patel 23. Shri P. Anthony Reddi 24. Shri P. Ganga Reddyilvtir

J-j5: liiri l.' A. Shamim 27. Shri Rajaram Shastri 28. Shri Somchand Solanki 29. Shri K. P. Unnikrishnan 30. Shri D. P. Yadav ______

♦Appointed w.e.f. 6- ia - i97B vice Shri Dharmia0 SltfflffPP" A^®’Pu,k8r

' (iUX JOINT COMMITTEE ON THE NATIONAL LIBRARY BILL, 1972.

COMPOSITION OF THE COMMITTEE Shri Amaraath Vidyalankar—Chairman

M embers Lok Sabha 2. Shri Achal Singh *3. Shri A. K. Kotrashetti 4. Shri Virendr$ Agarwala 5. Shri Shrikrishna Agarwal 6. Shri Anand Singh 7. Shri Panna Lai Barupal 8 . Shri S. C. Besra 9. Shri Biren Engti 10. Shri R. R. Singh Deo 11. Shri K. Gopal 12. Shri Samar Guha 13. Shri B. R. Kavade 1 14. Shri E. R. Krishnan 15. Shri Y. S. Mahajan 16. Shri Kumar Majhi 17. Shri H. N. Mukerjee 18. Shri Saroj Mukherjee 19. Shri Tuna Oraon 20. Shri Narain Chand Parashar 21. Shri Natwarlal Patel 22. Shri Ramubhai Ravjibhai Patel 23. Shri P. Anthony Reddi 24. Shri P. Ganga Reddy 25. Shri Sakti Kumar Sarkar 26. Shri S. A. Shamim 27. Shri Rajaram Shastri 28. Shri Somchand Solanki 29. Shri K. P. Unnikrishnan 30. Shri D. P. Yadav

•Appointed w.c.f. 6-12-1973 vicc Shri Dharmra0 Slatptfppa Afzalpuikar died.

(Hi* ' ( i v )

Rajya Sabha 31 Shrimati Sushila Shankar Adivarekar 32. Shri Pramatha Nath Bisi ‘ 33. Dr. Raj at Kumar Chakrabarti 34. Smt. Maragatham Chandrasekhar **35. Shri Davendra Nath Dwivedi 36. Shri Niren Ghosh 37. Shri N. G. Goray ;

38. Prof. S. Nurul Hasan ; **39. Shri Shamlal Gupta ' 40. Prof. Rasheeduddin Khan **41. Shri Showaless K. Shilla % **42. Dr. Ramkripal Sinha 1 j 43. ShrU ^K . Refaye ' 44. Shri Sanat Kumar Raha 45. Dr. V. B. Singh

L egislative C ounsels 1. Shri S. Harihara Iyer—Joint Secretary and Legislative Counsel. , 2. Shri R. N. Shinghal—Assistant Legislative Counsel.

R epresentatives of the M in istry of Education and S o c ia l W elfare (D epartment of C ulture ) 1. Shri Mohan Mukerji—Additional Secretary. ' 2. Shri K. K. Baksi—Deputy Secretary. 3. Shri A. S. Talwar—Deputy Secretary. 4. Shri B. Banerji Chowdhury—Librarian, National Library, Calcutta.

Secretariat

1. Shri P. K. Patnaik—Joint Secretary. 2. Shri H. G. Paranjpe—Deputy Secretary, (

••Appointed w.e.f. 9-5-1974 vicc Sarvashrl Mahabir Dass, Rattan Lai Jain, Shyam Dhar- Mitra and Patil Puttappa retired from Rajya Sabha w.e.f. 2-4- 1974. REPORT OF TUB JOINT COMMITTEE

1. the Chairman of the Joint Committee to which the ♦Bill to provide for the administration of the National Library and certain other con­ nected matters was referred, having been authorised to submit the report on their behalf, present their report with the Bill, as amended by the Committee, annexed thereto.

2. The Bill was introduced in the Lok Sabha on the 18th December, 1972. The motion for reference of the Bill to a Joint Committee was moved by Prof. S. Nurul Hasan, Minister of Education, Social Welfare and Culture on the 22nd December, 1972 and was adopted (Appendix I).

3. Rajya Sabha concurred in the said motion on the 23rd December, 1972 (Appendix II). 4. The message from the Rajya Sabha was published in Lok Sabha Bulletin—Part II, dated the 27th December, 1972.

5. The Committee held 25 sittings in all. '

6. The first sitting of the Committee was held on the 18th January, 1973 to draw up their programme of work. The Committee decided to invite memoranda from various associations, organisations connected with the National Library, Calcutta and other Libraries of importance, Universities, learned bodies, eminent educationists, research scholars, etc. interested in the subject matter of the Bill and also decided to issue a Press Communique in this behalf fixing 17th February, 1973 as the last date for receipt of memoranda. The Committee also decided to take oral evidence of the representatives of some of the associations, organisa­ tions, individuals, etc. !

7. At their second sitting held on the 6th March, 1973, the Committee inter alia decided to invite comments/suggestions of the following asso­ ciations, organisations and individuals:— ' (i) Members of Central Advisory Board of Education; (ii) Members of University Grants Commission; (iii) Vice-Chancellors of all Universities in India; (iv) Educationist and National Professors; (v) University Professors and Readers; and (vi) Scholars who visited National Library Reading Room.

The Committee also decided to extend the date for receipt of memo­ randa upto.the 30th April, 1973.

The Committee further dtecided to visit the National Library, Cal­ cutta on the 4th and 5th June, 1973 and to hold their sittings at Ctlcutta

•Pablished in the Gizette of Indh, Extraordinary, Part II, Section 2, dated ihe i8th pecember. 1972.

■ (V) (Vi)

on the 6th and 7th June, 1973 to hear oral evidence of the interested parties. . ,

8. 270 memoranda/representations on the Bill were received by the Committee from various associations, organisations, etc. (vide list at Appendix III).

9. The Committee heard oral evidence given by the represehtatives of various associations, organisations, etc. at their sittings held at Cal­ cutta from the 6th to 8th June, 1973; at Delhi from the 16th toi 18th July, 1973 and at Bombay on the 26th and 27th September, 1973 (vide list at Anpendix IV).

10. The Committee visited the National Library, Calcutta on the 4th June, 1973; National Archives ,of India, New Delhi and Delhi Public Library, Delhi n the 18th August, 1973; Bombay University Library and Asiatic Society of Bombay Library, Bombay bn the 27th September, 1973; Bharatiya Vidya Bhavan, Bombay and Prince of Wales Museum, Bombay on the 28th September, 1973; Deccan College of Post-graduate and Research Institute, Poona; Bhandarkar Oriental Besearch Institute, Poona; Gokhale P. G. Institute of Economics and Politics, Poona; Jayakar Library of University of Poona and Bharata Ittehas Samsodhaka Man- dala, Poona on the 29th September, 1973. The Committee held informal discussions with the scholars and librarians of Poona on the 30th Sep­ tember, 1973.

11. At their sitting held on the 27th September, 1973, the Committee decided that (i) the evidence tendered before them might be laid on the Table of both the Houses; and (ii) two copies each of the memoranda received by the Committee from various associations, organisations, etc. might be placed in the Parliament LibraTy after the report of the Com­ mittee was presented, for reference *by the Members of the Parliament.

12. The Report of the Committee was to be presented by the 15th March, 1973. The Committee were granted extension of time thrice— the first extension on the 12th March, 1973 upto the 16th November, 1973; the second extension on the 15th November, 1973 upto the 10th May, 1974 and the third extension on the 10th May, 1974 upto the 26th July, 1974. 13. At their sittings held on the 30th and 31st January, 1974, the Com­ mittee held general discussion on the various points raised in memoranda submitted to the Committee arid also during the course of oral evidence tendered before the Committee. 14. The Committee considered the Bill clause-by-clause at their sittings held from the 24th to 27th June, and 13th and 14th July, 1974.

15. The Committee considered and adopted their Report on the 23rd July, 1974. . : 16. The observations ot the Committee with regard to the principal changes proposed in the Bill are detailed in the succeeding paragraphs.

17. Clause 2.—The Committee feel that the definition of the term “Library” may be so defined so as to be in conformity with the language used ii\ entry 62 in the Union List in the Seventh Schedule of the Cons­ titution ' \ , feabrdause (d) has been amended accordingly. The amendment, made -in sub-clause (c) is of consequential nature.

. ifi. Clause 3 [Sub-clause (3)].—The Committee feel that the National Library Board may be empowered to sell or otherwise dispose of articles of furniture, stationery and dead stock of like nature without the appro­ val of the Central Government. The Committee further feel that where any manuscripts, books, articles or things donated by any person to the Library are proposed to be sold or otherwise disposed of, approval in this regard shall not be accorded by the Central Government unless the donor or his successor-in-interest has permitted in writing to do so. Sub-clause (3) has been modified accordingly.

19. Clause 4.—Having regard to the wishes expressed by several per­ sons in the memoranda submitted to the Committee and also to the viewB expressed during the course of evidence tendered before the Com­ mittee, the Committee are of the view that the National Library Board should have wider representation than what has been proposed in the Bill, as introduced. The Committee feel that the Chairman of the Board should be a person of academic distinction and the officers and other employees serving' in the Library should also have representation in the Board and that the two officials to be nominated by the Central Government to represent respectively the Ministry or Department deal­ ing with matters relating to the Library and the Ministry of the Central Government dealing with Finance should be persons heading posts not below the rank of Joint Secretary to the Government of India. Clause 4 has been redrafted accordingly. 20. Clause 5.—The Committee'feel that it is necessary to make an express provision in the Bill itself for the disqualification fqr office of members of the Board and of the Executive Council. Clause 5 has been substituted by a new clause accordingly;

21. Clause 6.—The amendments made in this clause are of consequen­ tial nature 22. New Clause 7.—The Committee feel that a provision providing for the circumstances under which a member may be removed from the Board pr its Executive Council may be made in the Bill itself. New Clause 7 has been inserted accordingly.

23. Clause 9 (original clause 8).—Since provision has been made in clause 5 of the Bill for the disqualification for office of members of the Board and of the Executive Council, the Committee feel that sub-clause (1) is not necessary. Accordingly that sub-clause has been omitted. The other changes made are of consequential nature. 24. Clause 10 (original clause 9).— (i) Sub-clause (1).—The Com­ mittee are of the view that the Board should meet at least twice a year ordinarily at the premises of the Library. : Sub-clause (1) has been amended accordingly. (ii) Sub-clause (3)*—This sub-clause provides that if any member, being an officer of the Government, is unable to attend any meeting of (viii)

the Board, he may, with the previous approval of the Chairman, autho­ rise any person in writing to do so. The Committee feel that in. order to ensure that the Government is represented at an adequately senior level in the Board, an officer of the Ministry or Department concerned not below the rank of Deputy Secretary to the Government of India should be authorised for the purpose. Sub-clause (3) has been amended accordingly.

25. Clause 11 (original clause 10).—The Committee feel that the Exe­ cutive Council oif the Board may consist of nine members. The Execu­ tive Council may also adjudicate any grievance of the officers and other employees of the Board with the previous approval of the Board.

The Director of the Library may be Chairman of the Executive Ccnuncil and the other members thereof may be appointed by the Board partly from among the members of the Board and partly from outside. The Committee are of the view that in addition to the two representa­ tives of the Central Government not more than 3 persons may be ap­ p o s e d from outside. / j The term of office of those members of the Executive Council who are not members of the Board may be co-terminus with the term of office of the members of the Board. Clause 11 has been amended accordingly.

26. Clause 13 (.original clause 12).—The Committee are of the view >, that all orders and decisions of the Executive Council may be authenti­ cated by the signature ol 'he Director. New sub-clause (2) has been inserted accordingly.

27. New Clause 14.—The Committee feel that the President of India may be the Visitor of the Library and he may also cause inspections and inquiries to be made into the affairs and matters connected with the Library. ! New clause 14, on the lines of the corresponding provision in the Banaras Hindu University Act, 1915, has been inserted.

28. Clause 15 (original clause 13).—The Committee are of the view that the appointment of the Director oif the Library may be made by the Visitor of the Library. A person who is a scholar of distinction or is a distinguished librarian possessing high academic status may be appointed as the Director of the Library. The Committee alsq feel that it may also be ensured that the distinguished persons appointed to the post can, if necessary, be retained for a sufficiently long period beyond one term in order to give the Library the benefit of continuity of guid­ ance and no person will hold the office of the Director after he attains the age of sixty-five years. Clause 15 has been amended accordingly.

29. Clause 16 (original clause 14).—The Committee note that the terms and conditions for the appointment of officers and other employ- yees of the Board, as provided, are not adequate. The Committee feel that every officer or other employee of the Board, not being an officer or other employee appointed on deputation, should be appointd on a t o ■

written contract and in making such appointments, the Board should act in conformity with the orders issued from time to time by the Cen­ tral Government with regard to the reservation for the Scheduled Castes and the Scheduled Tribes in the services of the Union.

In case of any dispute arising out of a contract between the Board and its officers or other employees, not being an officer or other employee appointed on deputation; such dispute shall at the request of the em­ ployee concerned, or at the instance qf the Board be referred to a Tribu­ nal of Arbitration whose decision shall be final. The clause has been amended accordingly. 30. Clause 17 (original clause 15).—The Committee are of the opinion that the existing terms and conditions of service qf the existing em­ ployees of the Library should be protected. In order to allay any fear in the minds of the employees, the Committee feel that a provision oh the lines of that contained in the Food Corporations Act, 1964 may be incorporated. . ' The clause has been substituted suitably. 31. Clause 18 ( original clause 16).—The Committee feel that the name of the National Library should be changed to the National Library of India. For this purpose, a new sub-clause has been added.

32 Clause 2D (original clause 18).—During the course of evidence tendered before the Committee, it was stressed that the duties of the Board and the extent of activities of the Library may be laid down in detail in the Bill itself in order to allay any doubt. Clause 20 has, therefore, been suitably amended.

33. Clause 26 (original clause 24).—The Committee feel that an obligation may be cost on the Central Government to cause a copy of the report giving an account of the activities of the Board during the previous financial year and also an account of activities likely to be undertaken during the current fin a n cia l year under the Act to> be laid on the Table of each House of Parliament. Clause 2(6 has been amended accordingly. 34. Original Clause 25.—In order to ensure autonomous status of the Beard, the Committee feel that the functions of the Board may not be subjected to the directions of the Central Government. Clause 25 has been omitted accordingly.

35. Clause 30 (original clause 29)— (i) sub-clause 2(a).—The manner of filling up of casual vacancies has been laid down in sub-clause (3) of clause 6 of the Bill. The Committee, therefore, feel that this sub-clause may be omitted. Sub-clause 2(a) has been omitted accordingly. (ii) Sub-clause 2(c).—The disqualifications for a person to be nomi­ nated or elected as a member of the Board have been given in clause 5 of the Bill. The Committee are, therefore, of the view that this sub­ clause is not necessary. , - Sub-clause 2(c) has been omitted accordingly. . (*)

(iii) sub-clause 2 (d).—Since the Director of the Library is to be ap2- pointed by the Visitor in the prescribed manner, the Committee feel that the words “method of recruitment” may be changed to “manner oi appointment”. Sub-clause 2(d) has been amended accordingly. 36. Clause 1 [Sub-clause (1)].—The Committee are of the opinion that the name of the proposed legislation may be changed to “National Library of India Act, 1974”. Sub-clause (1) has been amended accordingly. 37. Long Title and Enacting Formula.—The changes made are of conse­ quential &nd verbal nature. 38. The Joint Committee recommend that the Bill, as amended, be passed.

N e w D e l h i ; AMAHNATH VIDYALANKAR, July 26, 1974. Chairman, Sravana 4, 1896 ( Saka ). Joint Committee. MINUTES OF DISSENT \

I totally disagree with the National Library Bill, 1972 as amended by the majority decision of the Joint Committee on the National Library Bill, 1972, on the ground that I am opposed to the very basis of the Bill, which is a clear-cut departure from and contrary to the basic recommendation of the Jha Committee on the issue of National Library.

2. I-do not agree with the idea of an Autonomous Board for the National Library and I am of the firm opinion that the Bill even as amended by the majority decision of the Joint Committee should be withdrawn. The main reason is the fact that it has been based on an attitude which is entirely different from what the Jha Committee expressed (vide para 40 of the Jha Cbmmittee report on the National Library). The Committee gave a categorical verdict against a statutory autonomy. The report stated : “The nature of the autonomy invested in the Governing Council should be a delegated autonomy and not a statutory one.”

3. In place of the proposed Bill, a comprehensive Bill for the system of a National Library, of Regional Libraries, and that of a Public Library, has to be brought before the Parliament. One should recall what our first Education Minister, Maulana Abul Kalam Azad said in UNESCO Seminar in 1955: A District Library service will require support and guidance from a Central Library in every State. These Central Libraries must also be linked with one another and be part of an integral system with three National Libraries in Calcutta, Bombay and Madras, with the National Central Library in Delhi as the corner stone of the edifice.

In view of this idea, the four National Libraries should be inter* linked with each other as regards functions and staff, with National Library, Calcutta as the apex of the entire system and with an indepen­ dent cadre of Library Service for the entire country. This idea WAS expressed even by Shri B. S. Kesavan, one of the most eminent Libra­ rian in India while dealing with the history, growth and future of the National Library, Calcutta.

4. The National Library in India must remain directly in the hands of the Government of India, as it is a repository of National treasure, tradition and invaluable documents. National Archives, National Museum and National Library—all three are of similar national importance and must remain under the direct control of the State and the Government. The question of handing over owe of these institu­ tions to autonomous bodies must not arise specially in a country like India. ■*_

(xi) (xii)

5. An efficient department under a professionally competent Director enjoying the rank of a Joint Secretary in the Education Ministry, with liberal and adequate financial grant, can remedy the present ills and maladies from which the National Library, Calcutta, has been suffering for years together. ,

6. The functions of National Library System with zonal facilities for research scholars in various areas of our vast motherland and those of Public Library System can be adumbrated by the experts in the Library jSoience of our country in a week’s time if entrusted to do so.

7. The genuine apprehensions of the employees of the National Library, Calcutta, regarding their conditions, privileges and facilities in respect of their services when transferred to an Autonomous Board, must not be brushed aside, neither should they be very light-heartedly dealt with. The terms and conditions of service of the employees of the National Library must be governed by the Oentral Civil Service Rules as they exist at present and by new revised ones as and when they are made in ftttftire by the Government of India.

8. The present Bill cannot ensure the service conditions of the em­ ployees to continue as at present after it is handed over to an Autonomous ,,Board, by incorporating any number of or any well-drafted clauses to the effect, because such clauses will never be legally valid in any court of law. This has been amply clarified by many honourable witnesses in»- cluding an ex-Chief Justice of Calcutta High Court, Shri R. P. Mukherjee. In considering the clauses of the Bill and drafting the final report, this vital factor with regard to the employees was not seriously considered, according to me.

9. In the present explosive situation, it will not be' wise to pass such a Bill which seeks to change the basic character and a near-century old continuity of an institution of a highly national character like the National Library, with which are associated various sentiments, tradi­ tions, political prestige and national heritage. This was quite evident from the evidences of quite a large number of honourable witnesses of distinction, who appeared before the Committee at Calcutta.

10. Lastly, I find no reason why the National Library should be given statutory autonomy in place of direct Government control, in the name of overcoming the weaknesses and inefficient functioning which had been Teally caused by somebody’s faulty functions for a particular period. The National Library is a non-profit making organisation. It is not an academic Institution in the sense in which Universities, IIT, UGC etc. are academic bodies. The National Library is basically concerned with acquisition, preservation and servicing of nation’s literary treasure in particular and world’s literary output in general. In these fields the advice of scholars and professional experts should be given full freedom. This was the guiding spirit behind the recommendations of the Jha Committee.

N e w D elhi ; SAROJ MUKHERJEE July 23, 1974. (xiii)

I“ "Slrained *° add this Note of Dissent to the report of the S T i t m T U Nati°nal Ubrary BUI' b*cau* (eel there to rectify Sen°US deaciencles »hich Parliament should seek

a ^ e rWISh •!? bCginLWith 8. general observation. The Reviewing ernment°shoilde bv ^ Nat}°"al had recommended that Gov­ ernment should by a resolution or executive order and without re­ y course to legislation, delegate the fullest powers of autonomy to a pro­ perly constituted governing council of the National Library. We have E T iL h J T T 5 uf Government’s stand that autonomy could not, in law, be delegated, but that it required to be regulated by an appro- autnrfnm e*+Vi ^ Jha Committee. we cherish the principle of autonomy m the running of institutions like the National Library arid we have conceded the desirability of this legislation only in order to ensure respect for that principle. We would, therefore, like Govern­ ment again to clarify before Parliament and the country, when this Bill is discussed, that legislation in the form now presented was inescap­ able if the Jha Committee’s idea of functional autonomy in the adminis­ tration of the National Library was to be truly given effect.

We welcome certain improvements made in the original Bill by the Joint Committee, which should help in allaying misapprehensions about the fate of the National Library seriously felt by many people. It is good that the new nomenclature of the Library will be the National Library of India. It is good also that following upon assurances in Parliament given by the Minister of Education, the Bill lays down positively that the location of the National Library of India shall con­ tinue to be Calcutta. We are happy that the historic link between this national institution and the city of Calcutta, which has felt itself de­ prived and disinherited of much of its traditional eminence in recent decades, is not going to be snapped This reassurance is a very welcome feature, indeed, of the Report under review.

The Constitution of the National Library Board, in clause 4 of the Bill as reported by the Joint Committee, is a vast improvement on what had been originally proposed by the Government. Even so, we feel the non-official academic element in the composition of the Board requires to be further augmented. ,

Throughout its deliberations the Joint Committee had to take note of problems accruing from the present legislation affecting the con­ ditions of work and service for present employees of the National Library who naturally felt the gravest anxiety about the change and needed reassurance that nothing would happen to their detriment. We must state in fairness, that the legislation does incorporate certain real safeguards in this direction, but in view of the fear overweighing the minds of many employees, such safeguards, we fear, are not enough. We suggest that' clause 17 be amended suitably, so that such fears are eliminated. This clause makes clear'mention of an “option” which the present employees have—the “option” to become or not to become “an employee of the Board” in contradistinction to retaining the position pf an employee of Government, An “option” if it is not fictitious, (xiv)

does positively imply the right to an alternative choice. To allow an “option” and not to allow its exercise is a contradiction in terms. We feel, therefore, that the amendment we had sought unsuccessfully to incorporate in the report might be adopted by Parliament, so that who­ ever among the employees “opt” to continue as Government servants are enabled to serve the National Library on the basis of present terms and conditions. As a point of time when the employee’s fears on this point have assumed a chronic and complex character Parliament should give them categorically to understand that if they choose to prefer their present terms and conditions they can continue to do so even as the National Library is run on different lines than hitherto. We are - sure that at least in regard to present day employees, this guarantee could be given with a slight alteration of the clause. The report of the Joint Committee has happily laid stress on the obligation of Government to implement constitutional directives in regard to the representation in the services of the Scheduled Castes and Scheduled Tribes. Welcoming this unique and gratifying feature of the Bill, we wish all the more that the employees’ haunting fears about their future are firmly removed. This can be done if our sugges­ tions are incorporated in the Bill by Parliament.

Ne w D elhi ; H. N. MUKERJEE July 24, 1974, SANAT KUMAR RAHA.

m 1. In 1961, the Government of India rightly described the status of the National Library, located in Calcutta, as “India’s National Library”. The National Library has had the history of its growth with the history of development of India as a modern nation. With the emergence of India as a free country, the National Library became the national re­ pository of the creative minds of our nation.

2. The present National Library had its origin in 1835 as a non­ official public library, mainly by the efforts of the intellectuals cf Bengal of those days. In course of time, the Government of British India and the Municipality of Calcutta jointly financed this public library. In 1891, the Imperial Library was founded with all the collections in pos­ session of the East India College, Fort William and the Library of East India Board in London. In 1903, Lord Curzon combined the Calcutta Public Library with the Imperial Library and the new library was given the status of the Imperial Library of India, as the principal library for the whole of the country, assuming direct administrative control of the Government, all financial responsibility for its maintenance and deve­ lopment by the Government. 3. With the emergence of India as a free country, late Shri Rajagopalachari, and Pandit Jawaharlal Nehru took particular initiative to rename this Imperial Library as National Library which was there­ after lodged in the Viceregal Estate at Belvedere. . It was from this historic house of the Governor General of British India that the whole of India was ruled for about two centuries. This library was located at this historical place to give it a status of supreme national importance, as also as a trust for the Central Government of free India. t*v)

4. Late Pandit Ja.waharlal Nehru as the Prime Minister of India and Maulana Azad, as the first Education Minister of free India, made national commitments respectively'to maintain the national status’ of the National Library and continue to hold the responsibility of its mainte­ nance and development by the Central Government of India as its in- seperable department under the Ministry of Education. They pledged that the National Library should be the supreme institution of national integration of the creative genius of the Indian nation with an eve to acquire knowledge and wisdom from all parts of the world as well. 5. The provisions of the present National Library Bill, 1972, is cal­ culated to negate the pledges made by Pandit Jawaharlal Nehru and Maulana Azad, destroy its near-century old heritage and demolish its historical character as well, by the sweeping changes envisaged in the Bill, sacriligiously disregarding the pledge made by Pandit Nehru and Maulana Azad on behalf of the Government of India. This Bill, if enact­ ed, will ultimately reduce the National Library into the status of a re­ gional library and its financial resources and developmental responsi­ bility will be ultimately divested from the Central Government of India, resulting in denegration of the present status as the National Library of India. In fact, this Bill will be tantamount to serving the death warrant of this premier national institution having a historic background and a national character backed by the national commitment to maintain its national heritage under the, direct responsibility of the Central Govern­ ment

6. This Bill originated for the purpose of finding remedial measures to arrest deterioration of the National Library in its functions and develop­ mental work as was found to be the case during the recent years. Apathy and indifference of the Central Government, not wholly unprejudicial, to extend adequate financial aid to cope with its expansion programme and developmental measures for providing necessary facilities to scho­ lars, researchers and men of pursuit of knowledge from all parts of the country and integrate other regional libraries with the National Library on the hand, and the mismanagement of the Library by a particular Librarian in recent years, resulting in disarray conflict and troubles in the function and administration of the National Library on the other,— led to outburst of many problems, blocking the growth of the National Library and tarnishing its image. These problems were focussed in the Parliament and public forum, which made the Government to take some measures to investigate and study the problems facing the National Library.

7. The Minister of Education instituted a 7-Member Review Com­ mittee, headed by Dr. V. S. Jha, ex-Vice Chancellor of Banaras Hindu University, to go into administrative and functional problems of the; national library and study in depth to make necessary recommendations; for the improvement and development of the National Library. In its point of reference. to the Review Committee, the Government did not indicate in any way that they desired to change the basic administrative character of the Library by converting it into an autonomous body.

8. The present National Library Bill outlined in its principal objec­ tive as the necessity to implement the reoommendations of the Review Committee. In a note circulated by the Government before the Joint ' (xvl)

Committee of Parliament on the National Library Bill 1972, the Govern­ ment stated “The National Library Bill, 1972, was introduced in Parlia­ ment with a view to reorganizing and developing the Library on modern scientific lines”. Although the Bill was conceived to implement the Recommendations of the Jha Committee but in reality, it means to be a total negation of the objective of the Bill and complete denial of the recommendations of the Jha Committee. It not only failed, almost totally, to implement the Recommendations of the Jha Committee but in fact, it flagrantly violated most of its principal recommendations, on the contrary, formulated provisions which are diagonally opposed to the recommendations of the Jha Committee. Even a casualty done compa­ rative study of the report of Jha Committee and its recommendations and the provisions of the Bill will make it amply clear that the provisions of the Bill contain nothing essentially in common with the recommendations of the Jha Committee except that of the appointment of a Director for the National Library, besides a Librarian. 9. The Review Committee made extensive investigation and study in regard to the problems of the National Library and examined 57 emi­ nent scholars and experienced men connected with the workings of various libraries in the country. It also examined late Shri Rajagopalachari. Further, it met the members of the Government appointed Advisory Council of the National Library. On the basis of their findings, the Jha Committee recommended that: (i) The historical background of the National Library should not be disturbed; (ii) The National Library should continue to remaip as a depart­ ment of the Education Ministry of the Central Government; (iii) The present Advisory Council should be replaced by Govern­ ing Council; (iv) Such Governing Council should be empowered with delegated autonomy to deal with the administrative and functional mat­ ters of the National Library and implement its policies; (v) It should, have a Director, as the ex-officio Chairman of the Governing Council, having a status equivalent with that of the Vice Chancellor of a Central University; and (vi) The National Library should be aided by two Standing Com­ mittees of Scholars for acquisition of special materials for the Library and for making systematic study of the existing refe­ rence collections. 10i The Review Committee categorically expressed the view that the National Library should continue to remain as a Department o f ' the Ministry of Education of the Central Government. It only desired to have opportunities of functional autonomy for effectively /and smoothly dealing with the day to day issues of administration and development of the National Library. The Report stated in para 40 (page 24). “The Ministry of Education and Youth Services should appoint this Governing Council by a Resolution of the Government and delegate to it the fullest powers for running the organisation. When once proposals, either for staff or project, are forwarded to the Ministry for their approval and when these proposals are within the frame work .of the funds allotted to the National Library, the going should be smooth. The nature of the C*vU)

autonomy Invested In the Governing Council, should be delegated auto­ nomy, and not a statutory one.” In its recommendation No. 5 again, the Committee further recorded that “The Council should be instituted by a resolution of the Government and not by a statute.”

11. None of the witnesses who appeared before the Committee con­ sidered it desirable to have an autonomous status for the National Library by an Act of Parliament. All the 7 Members of the Review Committee unanimously decided that the autonomy envisaged in the Committee’s Report, should be ‘delegated one’ and not of ‘statutory nature’. The no­ minee of the Central Education Ministry, who was the Deputy Secretary to the Government of India, Ministry of Education,' and two other Central Government officials also precisely supported this concept of 'delegated autonomy’. But, strangely, violating the recommendation of the Review Committee, the present Bill proposed ‘Autonomy’ by an Act of Parliament for the National Library. Further, one of the members of the Joint Select Committee, who was a Member of the Review Committee, did not support the recommendation of the Review Committee in regard to assigning ‘delegated autonomy’ to the National Library; when the Bill was finally adopted by the Select Committee. . \ 12. The concept of ‘Autonomy’ will basically change the historical and conceptual character of the National Library. But such a step, the Central Government in reality proposed to divest itself from direct responsibility of running the administration and conduct its function and development * works of the National Library. Such step will progressively induce the Central Government to take apathetic and indifferent attitude towards the National Library and leave its fate to an autonomous body, which will have neither the capacity to find resources for the development of the National Library or manage it properly without direct assistance and guidance from the Central Government The concept of complete autonomy for an institution like the National Library is a subtle way of disowning the responsibility of the Govern­ ment, as the principal custodian of the National Library. The National Library cannot be compared with any public sector autonomous body functioning in the field of industry, trade or commerce. By its very nature of objectives and functions, National Library is not a productive unit, and it can have nothing to do to increase its productive capacity to find financial resources to the Government or to desl with functions like export to foreign countries or distribution of its production for the con­ sumption of the common people. The function of the National Library is to act as a national repository of the production of intellect, wisdom and creative genius of our country and largely of the world. Its objec­ tive is to collect and preserve books, periodicals, manuscripts, documents and other similar materials for making it available to scholars, resear­ chers as also for other purposes for the benefit of the Government and the public. Its objective and function, at best, can be compared to that of the National Archives of India and the Central Secretariat Library. The Government can hardly justify it*? move as indicated in the provisions of the Bill to extend autonomous status to such an institution which had been a Government Department since 1903. Unless the Government want to wash off its hands from historic responsibility to maintain, manage and develop the National Library as the principal national repo­ sitory of books, manuscripts, documents and other similar materials for OcvUi)

making them available to the Government, the scholars and the public at, large, the Education Ministry can ill-affopd to separate the National Library from the responsibility of direct governance and management of the Education Ministry. It will not be wrong to conclude after examin­ ing the provisions of the Bill that by introducing the concept of statutory autonomy for management of the National Library, the Government is going to either throw the National Library to an uncertain fate or rele­ gate it to an ultimate status of a regional library.

13. Hie Jha Committee did not visualise formation of a Board of the kind envisaged in the Bill. The proposed Board will consist of 29 mem­ bers, 21 of whom will be directly or indirectly Government nominees. It will be in reality a Government nominated body but in its responsibility, and function, it will be given an appearance of an autonomous status. Such an unwieldy body will create all kinds of complications in policy matters, bottlenecks in taking administrative decisions and delay in im­ plementing either the policy or various projects of the National Library, the objectives of which have been specifically enumerated in the Report of the Review Committee as also in the present Bill. This Bill envisaged radical change in the character of the National Library, although it should have little scope of either innovating or curtailing the policies already outlined in the Report of the Jha Committee or in the body of the. present Bill. Such a big body like the proposed Board will act as a dead weight on the functional efficiency of the National Library and create more problems, more troubles, and more delays in the develop­ mental work of the National Library, and create greater problems for its day-to-day functions, more-complicated than that are found in the exist­ ing condition of the Library. In fact, the recipe proposed in the Bill for removing the troubles, and maladies, facing the National Library, will prove in future to be worse .than the disease from which the National Library is suffering at present. 14. The concept of Executive Council is another innovation, which besides the creation of an unwieldy Board, has little function except that it may be an instrument of conflict and contradiction between the Board and the Executive Council. This Executive Council will have 9 members, all of whom will not be members of the Board. Therefore, in reality the fate of National Library will be guided" by 29 plus 9 personalities, who will have practically little to do with its policy matters and which will only create a cumbersome administrative burden and act as obstacles in many ways in the matter of administration and function of the National Library. 15. In the note submitted to the Joint Select Committee, the Educa­ tion Ministry suggested that this Bill will not either ‘lower the status of the library” or “alter the terms and conditions of the service of the employees.” But in reality the employees of the National Library, will overnight after its enactment will cease to be considered as the employees of the Central Government, except those who will opt otherwise, and in doing so, the present employees of the Central Government of the Department of the National Library will be deprived of all the rights, privileges and benefits conferred to them by Service Rules of the Central Government. Such extraordinary step proposed ip the Bill is dangerous­ ly unprecedented in its implications to the extent that suddenly by an Act of Parliament, the employees of a department of the Government, who m were considered for over half a century as the Central Government em­ ployees will be precipitously thrown out of their status and denied of their privileges. According to the provisions of Indian Constitution* such an act is against the spirit and letter embodied in it. The fate of the Government employees in many departments will be uncertain and it will lead to adoption of a new policy by which any department of the Gov­ ernment will be able, by a statutory measure, to throw their employees out of the bound of their direct responsibility. For those who have been given the choice of option, their fate will also be uncertain as no provi­ sion has been made for their alternative appointments. This provision of the Bill which will alter the terms and conditions of th? present em­ ployees of the National Library will lead to serious agitation among the employees of the National Library. 16. Libraries of Sir Ashutosh Mukerjee, Taj Bahadur Sapru, Sarojini Naidu, Vaiyapuri Pillai and others which were made pver to the National Library, as gifts to the Government of India through its Department of National Library, will create legal problems. The donors of these lib­ raries iriade gifts of their books to the Government of India and not to any autonomous body as proposed in the Bill, divested from direct gov­ ernmental responsibility. Such provision in the Bill will create serious legal complications. 17. The National Library, in course of its historical growth has indeed, developed itself as the national repository or custodian of books, manu­ scripts and documents from all over the country. It contains books, as found on 1st July, 1969, as follows: — Assamese 1462, Bengali 51874, Gujarati 21107, Hindi 32749, Kannada 9950, Malyalam 12490, Marathi 17107, Oriya 6190, Punjabi 6435, Tamil 17513, Telugu 11974, Arbic, Urdu and Persian 19547, and Sanskrit, Pali and Prakrit 133882. This National Library is now acquiring thousands of books of international languages also. 18. The present National Library Bill has been opposed by the intel­ lectual community of Bengal and other parts of the Country. All the editorial comments of the dailies and periodicals made about the Bill are against it. All of them opposed the proposal for assigning an auto­ nomous status, as envisaged in the present Bill, to the National Library, and preferred functional autonomy delegated to it through a resolution Of the Government, instead of having it by an Act of Parliament. A fear has been expressed by all witnesses, intellectuals of Bengal, and news­ papers barring that of a microscopic few that this present Bill, if enacted, it will sweepingly change the historical character, fundamental concept and the age-old heritage of the National Library as the custodian and repository of the creative production of the creative minds of our country and considerably of the world and as also of the valuable documents of the Government, and public. Thh Bill, if enacted with the present pro­ visions incorporated in it, will ruin the National Library, relegate it to the status of a regional library and create innumerable problems, both administrative and functional, for it, instead of resolving its existing problems. Although it may appear as a very harsh remark but even then one can hardly desist from concluding that the provisions envisaged in the Bill are in reality an attempt to write the death warrant of India’s National Library, having glorious tradition of serving the nation for about a century. ., SAMAR GUHA

Ne w D elhi ; VIRENDRA AGARWALA July 25, 1974 SHYAMLAL GUPTA IV I strongly feel that the Bill concerned i.e. the National Library of India (1974) Bill is absolutely unnecessary. Government could easily bring about the changes they thought necessary by executive orders. Though certain improvements have been made by Joint Committee, the malaise from which the Library has been suffering won’t be removed by the Bill. First of all, I want to stress the point that in almost all countries of the world the National Libraries are directly administered and rim by the Government because these institutions are highly prestigious ones, prized national assets. Party or political considerations are not involved. But during the period since Imperial Library was rechristened National Library, it was run as a sub-office or under a sub-office of the Ministry of Education and Cultural Affairs. Since that time the Government has done everything to liquidate instead of developing the Library. I know for certain tnat the scholars proposed that the National Library be shifted to the Governor’s House, which is situated in the heart of the city of Calcutta and specious and is easily acceptable to all scholars and research workers from all states of India. But the Library was shunted off to Belvedere in a corner of the city extremely inconvenient to the users of the Library. When Shri Kesavan was in-charge of the Library, the management of the Library was good. Within the extremely meagre funds provided for the Library, Shri Kesavan managed the Library as best as he eould and the relations between the management and the employees were also good. Yet the Library continued to be the ‘National Library’ in name only, be­ cause it was treated as an unimportant organisation being part under a sub-office of the concerned Ministry. The Library management had no direct access even to the senior officials of the Ministry, not to spfeak of the august ministers occuping the portfolios of Education and Cultural Affairs. Then it seems that a conspiracy was hatched at the highest level, when Shri Kesavan retired his successor appeared to be thoroughly incompetent and undesirable person, least conversant with the affairs of the Library. I£e did everything to destroy not only the good atmosphere of the institution, but put the entire management of the Library in jeopardy and utter confusion. The only person next to Shri Kesavan viz. C. R. Chatterjee who knew all the ins and outs of the Library had the mastery of Library science as well, was disgraced and humiliated. Shri Chatterjee has now retired. The National Professor Shri Suniti Kumar Chatterjee of high international repute, and intimately connected with the Library has spoken to me about it and told me that the Bill should be thrown overboard.

The above-mentioned successor to Shri Kesavan, when he was put in charge of the Library had succeeded in almost destroying this renowned institution. Every department of the Library was neglected. Valuable manuscripts, to be found nowhere else in the world, have become brittle due to lack of care of preservation and have not been even microfilmed, let alone preparing a complete catalogue and bibliography. I should say, that a worse type of vandalism was penetrated on the Library.

The National Library has been systematically deprived of funds required to .maintain and develop National Library of any country. It (xxi)

Is a cruel irony that the Library developed into the best and most highly developed and uptodate library in India under the Britishers under the care of a series of illustrious Librarians and also provision of funds for the purpose and also attracting invaluable private donations of their 'treasuries of collections. Under the Central Congress Government and its benign care the Library, instead of being developed has been delibe­ rately allowed to fall into decay, though the appellation ‘National’ was prefixed to the Library. There seem? to be a method in this madness. There is widespread apprehension amongst the renowned scholars that the Central Govern­ ment is bent upon destroying this penzsd national asset and thus relegate it to the background, though keeping the title, the National Library of India and build a real national library in Delhi under another name. This seems to be a justified apprehension, even from the Bill as it has finally emerged. Or, how can one explain that the National Archive is being kept directly under the Government and rightly so and more funds are allocated to the Archive compared to the National Library, whereas far larger allocations of funds should be made for the National Library compared to the National Archive? Or, how can one explain that the present Bill scrupulously keeps silent over the allocation of requisite funds for the National Library? Or, how can one explain that, throwing overboard the main recommendations of the Jha Committee that there should be delegated functional autonomy, but the Library should be directly under the Government, a so-called autonomous character is sought to be given to the Library. It can only mean that if the Library is not developed into the real National Library of India, the Government may not be held accountable on that score. It is also mysterious that the pro­ jected Board may acquire what is only in its opinion judged to be signi­ ficant, of the printed material in India. The Bill also does not clearly lay down that all publications about India, outside of India, must be acquired by the Library. 1. Functions The Bill does not envisage the true functions of National Library M •numerated below:— 1. Acquisition and conservation of all national production of printed material, 2. Collection of printed material concerning the country, no matter where this is published, and as a corollary, the acquisition of a photographic record of such material that is not available with­ in the country, ^ 3. Acquisition and conservation of manuscripts of national impor­ tance, 4. Rendering of bibliographical and documentation services of current and retrospective material, both general and specialised, 5. Acting as a referral centre purveying full and accurate knowledge of all sources of bibliographical information and participation in international bibliographical activities, & Provision of photo-copying and reprographic services, 7. Acting as the Centre for international book exchange and inter­ national loan, (»di)

8. Control, guide and co-ordinate the total library system of the country bong placed at its apex and making plans and pro­ grammes for future development of the library system, 9. "Control, guide and co-ordinate all sorts of bibliographical and documentation activities of the country, and 10. Helping and encouraging in the study and research in the field of library science.

Though some of these provisions are in the Bill, but nipt all of them and no funds also provided for the purpose.

-2. Finance The following table will show that the book Budget of the Library has been extremely inadequate. Nor are there fitting provisions to fulfil the functions enumerated above:

Book budget 1955-56 ' 1960-61 1965-66 1970-71 1972-73 Rs. 1,00,095 1,52,165 3,48*871 5,45,500 4,00,000

It is useless to compare the book budget of this Library with those o f the National Libraries of developed countries because the differences •re very wide. Even, those of other institutions and universities of our country get more financial resources than the National Library as shown in the table below: Book budget jor 1971-72 Bombay University . . . Rs. 3,88,800 Punjab University . . . Rs. 14,94,500 National Library Rs. 4,40,500

The following table will show that the total expenditure of the Library is also extremely inadequate for conservation, servicing or reading mate­ rials as also staffing of the Library for proper functioning of the Library (as enumerated above); 1955-56 1960-61 1965-66 1970-71 1972-73 Rs. 6,59,723 14,70,365 21,34,800 38,64,500 39,95,700

Due to erosion of money value and devaluation the provision for increased expenditure falls much short of the requirements (either for purchase of books, or their conservation and servicing and provision for staffing). The Bill has not protected these.

3. Staff ' Constitutional protection under Article 311 is taken off. They cease to be government civil servants. They will be governed by the rules and regulations framed by the autonomous board. Their service conditions will thus be altered. Their services under this Board will be insecure. There will be more chances for favouritism, nepotism a9d corruption. Under the autonomous board the staff will not automatically enjoy the previleges and benefits, financial or otherwise, extended to their employees by the Government. The Board may refuse or alter such benefits (e.g. (xxiii)

Pay Commission Benefits, leave rules, Central Government Health Scheme, or other fringe benefits). The employees will lose' the facilities of negotiating machinery of Joint Consultative Machinery and Compulsory Arbitration. Shifting of Central Government’s direct control would lessen the image and importance of the Library in the public eye and the Library actually will become only regional in future.

I, therefore, feel strongly that the National Library should be run directly by the Government as is done in the case of National Libraries in almost all countries of the workl and provided with vast amount of funds and requisite expertise to rapidly develop it comparable to such an institution in the advanced countries of the world. It also goes without saying that provisions of the Bill regarding»the employees are unaccept­ able on any count.

I, therefore, recommend that the Bill be rejected in its present form and delegated functional autonomy with above functions and progressively increasing funds from year to year for the purpose be definitely provided without any equivocation.

New Delhi ; NIREN GHOSH

July 25, 1974. THE NATIONAL LIBRARY BILL, i & i

ARRANGEMENT OF CLAUSES

CHAPTER I ,

Preliminary L

Clauses * i 1. Short title and commencement.

3 2. Definitions. ' CHAPTER II

The National L ibrary Boari * 3. Establishment and incorporation of Board; 4. Composition of the Board. 5. Disqualification for office of member. ( 6. Term of office, etc., of members. : 7. Vacation of office cf member. 8. Vacancies, etc., not to invalidate acts. ' 9. Members to disclose their financial or other interest in the Board. 10. Meetings of Board. 11. Executive Council. 12. Temporary association of persons with Board for particular pur* poses. 13. Authentication of orders and other instruments of Board and Executive Council.

14. Visitor. , i ------• * ----- I , _ , i 15. Director of Library. 16. Staff of Board. 17. Transfer of service of existing employees to Board. 18. Library to be known as “National Library of India” and location of Library. CHAPTER III

Property , liabilities an© Functions of the Board 19. Property and liabilities of Board. 20. Duties of Board. 21. Powers of Board , ' CHAPTER IV

Finance , accounts , audit and report

Clauses j 22. Grants by Central Government to Board. 7

23. Fund of Board. - t! 24. Budget. !i;X 25. Accounts and audit. ! J | i 26. Returns and report. - v » i < , CHAPTER V ,

M iscellaneous 27. Delegation of powers and duties. 28. Officers and employees of Board to be public servants. 29. Protection of action taken under the Act. 30. Power of Central Government to make rules. 31. Power of Board to make regulations. , . Bill No. 118--B of 197^ THE NATIONAL LIBRARY BILL, 1972

(As REPORTED BY THE JOINT COMMITTEE) fWords side-lined or underlined indicate the amendments suggested by the Committee; asterisks indicate omissions.] A , , BILL to provide for the administration of the National Library and certain other connected matters.

B f, it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:— k CHAPTER I

" P r e l im in a r y 1. (/) This Act may be called the National Library of India Act, 1974. Short titl« and (2) It shall come into force on such date as the Central Government.commence­ may, by notification in the Official Gazette, appoint. ment. 2. In this Act, unless the context otherwise requires, — Defini­ tion!. (a) “Board” means the Board established under section 3; (b) “Chairman” means the Chairman of the Board; (c) “Fund” means the Fund referred to in section 23; (d) “Library” means the institution located at Calcutta and known at the commencement of the Constitution" as the National library; 2

(e) “member” means a member of the Board and includes the Chairman; (/) “prescribed'’ means prescribed by rules made under this Act.

CHAPTER II

The National L ibrary Board . 5 'tvrwtr- _ Establish­ 3. (1) With effect from such date as the Central Government may, by ment and notification in the Official Gazette, appoint, there shall be established for incorpora­ tion o f the purposes of this Act, a Board to be known as the National Library Board. Board. (2) The Board shall be a body corporate with the name aforesaid, 10 having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and contract and may by that name, sue and be sued. (3) Notwithstanding anything contained in sub-section (2), the Board shall not, except with the previous approval of the Central Gov* 15 ernment * * *, sell or otherwise dispose of any manuscripts, books, articles or things belonging to the Library, other than articles of furni- wmmmmmmmmmmammmmmmm+jmmmmmmm m ture, stationery and dead stock of like nature:

Provided that where any such manuscripts, books, articles or things donated by any person to the Library are proposed to be sold or other- 2o wise disposed of, no approval under this sub-section shall be accorded unless the donor or his successor-in-interest, as the case may be, has per­ mitted in writing to dp so. ' Composi­ 4. The Board shall consist of the following members, namely: — tion of the (i) a Chairman, being a person of academic distinction, to be no- 25 Board. minated by the Central Government; (tt) three persons to be elected by Parliament, two from the House of the People by the members of the House of the People and one from the Council of States by the members of the Council of States; 30 (iii) three persons to be nominated by the Governments of the States by rotation in the alphabetical order; (;u) four persons to be nominated by the universities in India by rotation in the alphabetical order; • • (v) the Chairman of the University Grants- Commission or a 35 member ot that Commission to be nominated by the Chairman thereof; (vi) th« Chief Librarian, by whatever name called, ol one of the public libraries within the meaning of clause (b) of section 2 of the Delivery of Bocks and Newspapers (Public Libraries) Act, 40 1054, but not including the National Library, Calcutta, to be nomi­ 27 of 1954. nated by the Central Government by rotation iii the alphabetical order; (vii) the Chief Librarian, by whatever name called, of one of the public libraries in India [not being a library referred to in 45 clause (vi) ] containing important collections of manuscripts of his­ torical, literary or aesthetic importance, to be ..nominated by the Central Government by rotation in the alphabetical order;

X 3

(viii) one person to be nominated by the Indian Library Asso­ ciation, a society registered under the Societies Registration Act, 21 o f 1860 . 1860; % (ix) the Director, National Archives of India; (x) eight scholars of repute in different disciplines covering humanities, science, social science, medicine, engineering and tech­ nology and law, to be nominated by the Central Government; (xi) two persons to be elected by the officers and other emplo­ yees serving in the Library from amongst themselves in such manner 10 as may be prescribed: Provided that at least one such person shall be a member of the technical staff of the Library. Explanation.—For the purposes of this clause “member of the technical staff” means the Librarian, Deputy Librarian, Assistant 15 Librarian, Technical Assistant, Junior Technical Assistant, Lecturer, Microphotographer, Chemist and such other like categories of per­ sons as may be prescribed;

(arii) two persons, not below the rank of Joint Secretary to the Government of India, to be nominated by the Central Government, 20 to represent respectively the Ministry or Department of the Central Government dealing with matters relating to the Library and the Ministry of the Central Government dealing with Finance;

(xiii) the Director of the Library, who shall be the Member- Secretary. •

25 5. A person shall be disqualified for being nominated, or, as the case Disquali may be, elected as, and for being, a member of the Board or the Execu- Ration tive Council referred to in section 11,— for office of. (a) if he has been convicted and sentenced to imprisonment for member. an offence which involves moral turpitude; or

30 (b) if he is an undiscouraged insolvent; or (c) if he is of unsound mind and is so declared by a competent court; or

(d) if he has such financial or other interest in the Board as is likely to affect prejudicially the discharge by him of his function as 35 a member.

6. (/) Every nomination or election, as the case may be, of the Term Chairman and the other members under section 4 shall be notified by °* * office the Central Government in the Official Gazette and their term of office ^ ’of shall be three years from the date of such notification: members.

4 0 Provided that the term of office of a member elected under clause (ii) of sub-section (7) of section 4 or under clause (xi) of that sub-sec­ tion shall come to an end as soon as he ceases to be a member of the House from which he was elected or, as the case may be, he ceases to be in the employment of the Board. * A (2) Any nominated or elected member may resign his office by giving notice in writing to the CentraT Government and, on -such resignation being notified by the Central Government in the Official Gazette, he shall be deemed to have vacated his office. (3) A casual vacancy created by the resignation of a nominated or elected member under sub-section (2) or by any other reason mayT>e filled by fresh nomination by the authority which nominated the mem­ ber or, as the case may be, byTresl^iecnor^y,lth^?ous?^^So3y^JT3cn elected the member and such nomination or election shall be notified by" ThT^er^ra^^ovenimenr^r^h^^Mciar™Gazett^andP^l™rnemSe^so 10 nominated or elected shall hold office for the remaining period for which the member in whose place he is nominated, or elected would have held office. (4) An outgoing member shall be eligible for re-nomination or re-election. 15 (5) If any nominated member is by infirmity or otherwise rendered temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his office, the authority which nominated the member may nominate another person to act in his place during his absence. • 2 0 Vacation 7. The Central Government shall remove a member of the Board or of office of the Executive Council referred to in section 11 if he— member. (a) becomes subject to any of the disqualifications mentioned in section 5:

Provided that no member shall be removed on the ground that 25 he has become subject to the disqualification mentioned in clause (d) of that section unless he has been given a reasonableopportu­ nity of being heard in the matter; or (b) is, without obtaining leave of absence from the Board, absent from three consecutive meetings of the Board or the Execu­ 30 tive Council, as the case may be.

Vacan­ 8 . No act of the Board shall be invalid merely by reason of— cies, etc.. not t0 (a) any vacancy in, or defect in the constitution of, the Board, invali­ or date acts. (b) any defect in the nomination of the person acting as a 3 ' member thereof, or (c) any irregularity in its procedure not affecting the merits of the case. 9. * • * . * • Members to disclose “*'*^Any member who is in any way directly or indirectly interested in 40 their a contract made or proposed to be made by the Board shall, as soon as finan­ cial possible, after the relevant circumstances have come to his knowledge, or disclose the nature of his interest at a meeting of the Board and the dis­ other closure shall be recorded in the minutes of the Board and the member ‘ interest I shall not take part after the disclosure in any deliberation or decision of 4, Hthe Board with respect to that contract. ' /

CO The Board shall meet at least twice a year, ordinarily at the Meetings premises of the Library, and shall, subject to the provisions of sub-sec- ®oard. tions (2), (3) and (4), observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at meetings, 2 as may be provided by regulations made under this Act. (2) The Chairman or, in his absence, any member chosen by the members present from among themselves, shall preside at a meeting of the Board. (3) If any member, being an officer of the Government, is unable to io attend any meeting of the Board, he may, with the previous approval of the Chairman, authorise, an officer of the Ministry or Department not below the rank of Deputy Secretary to the Government of India, m writing to do so. (4) All questions at a meeting of the Board shall be decided by a 15 majority of the votes of the members present and voting and in the case of an equality of votes, the Chairman or, in his absence, the member presiding, shall have a second or casting vote. 11. (1) There shall be an Executive Council of the Board consisting Executive of nine members. Council. 2 0 (2) The Director of the Library shall be the Chairman of the Execu­ tive Council and the other members thereof shall be appointed * * * by the Board partly from among the members of the Board and partly from outside: Provided that a representative each from the Ministry of the Central *5 Government dealing with Finance and the Ministry or Department of the Central Government dealing with the Library shall be members of the Executive Council: Provided further that without prejudice to the provisions of the pre- cedin^^rovS^iormor^hal^hre^personrsEainb^appohne^fronrour 30 side. (3) The Executive Council shall assist the Board in the exercise of its powers and the performance^Mt^duttes'TnSerThis'ActT^Inc^hari exercise such of the powers and perform such of the duties of the Board as may be prescribed or as the Board may delegate to it subject to such 35 conditions as the Board may deem fit. (4) With the previous approval of the Board, it shall be competent for the Executive Council to entertain and adjudicate upon any grie­ vance of the officers and other employees of the Board. (5) The term of office of those members of the Executive Council 40 [who not members of the Board shall be co-terminus with the term of iffice of the members of the Board. 12. (1) The Board may associate with itself in such manner and for Tempo- sucfTpurposes as may be provided by regulations made under this Act, rary . any person whose assistance or advice it may desire in performing any ^ 45 of its functions under this Act. persons (2) A person associated with it by the Board under sub-section (1) with for any purpose shall have the right to take part in the discussions of the ®°ar Board relating to that purpose, but shall not, by virtue of this section, partjCUiar be entitled to vote. ' purposes. Authenti­ 13. (1) All orders and decisions of the Board shall be authenticated cation of by Th^ignature of the Chairman or any other member authorised by the orders and Board in this behalf and all other instruments issued by the Board shall other instru­ be authenticated by the signature of an officer of the Board authorised ments of in like manner in this behalf. Board and (2) All orders anjl decisions of the Executive Council shall be auth-| Executive Council. enticated by the signature of the Director of the Library. I

Visitor. 14. (1) The President of India shall be the Visitor of the Library (2) The Visitor shall have the right to cause an inspection of the Lib­ rary to be made or to cause an inquiry to be made in respect of any xo matter connected with the Library by such person or persons as he may direct. (3) The Visitor shall in every case give notice to the Board of his intention to cause an inspection or inquiry to be m§de and the Board shall be entitled to appoint a representative who shall have the right to be r5 present and be heard at such inspection or inquiry. (4) The Visitor may address the Chairman with reference to the result of such inspection and inquiry, and the Chairman shall communi­ cate to the Board the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon. 2o (5) The Boardshall communicate through the Chairma^i to the Visitor such action, if any, as it is proposed to take or has been taken upon the result of such inspection or inquiry. (6) Where the Board does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any 25 explanation furnished or representation made by the Board, issue such direction as he may think fit and the Board shall be bound to comply with such direction. (7) Without prejudice to the foregoing provisions of this section, the' Visitor may, by order in writing, annul or stay any proceedings ofthe 30 Board which is not in conformity with the provisions of this Act or the rules or regulations made thereunder: Provided that no such order shall be made unless the Board had been given a reasonable opportunity of making a representation in the matter.

Director 15. (1) The Visitor shall appoint, in such manner as may be pres- 35 of cribed, a person who is a scholar of distinction or is a distinguished lib­ Library. rarian possessing high acaSemicTtatus^astlle Director of the Library. (2) The term of office of the Director shall be for a period of five years from the date on which he assumes office or up to the age of sixty years, whichever is later: 40 Provided that no person shall hold the office of Director after he at- tainsTKe^ge^j^Ixtj^Sve^rears!""""™—■■■■ (3) The Director shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed. (4) The person appointed as the Director and holding office as such 45 at the commencement of this Act shall be deemed to have been appointed under this section and the provisions thereof shall apply to him a

Wf. (2) Subject to the provisions of this section, the Board may, for Staff of the purpose of enabling it efficiently to perform its functions under this Board. Act, appoint such number of officers and other employees at it may deem fit'and in making such appointments the Board shall act in conformity 5 witT^EJT^rc^rs^j^KeTIentranrovenimeritTo^tE^^imeTjeln^i^orce regarc[mg"reservafioir7o^3?^5cEe3fflecHSaste!rian3TKeT5c5e3u!ecnPri5es

(2) The recruitment and conditions of service of such officers and other employees shall be such as may be provided by regulations made io under this Act.. (3) Every officer or other employee of the Board, not being an officer or other employee appointed on deputation, shall be appointed on a written contract which shall be lodged with the Board and a copy of which shall be furnished to the employee concerned. ijf (4) Any dispute arising out of a contract between the Board and any of its officers or other employees, not being an officer or other employee appointed on deputation, shall, at the request of the employee concern­ ed or at the instance of, the Board, be referred to a Tribunal of Arbitra- consisting of one member appointed by the Board, one member 20 nominated by the employee, and an umpire appointed by the Visitor.

(5) The decision of the Tribunal of Arbitration shall be final and shall not be questioned in any court. (6) No suit or other proceeding shall lie in any court in respect of any matter which is required by sub-section (4) to be referred to the 2S Tribunal of Arbitration. ‘ (7) The Tribunal of Arbitration shall have power to regulate its own procedure. \ (8) Nothing in any law for the time being in force relating to arbi­ tration shall apply to arbitrations under this section.

3° 17. (1) On the establishment of the Board it shall be lawful for theTransfer Central Government to transfer by order and with effect from such date of service or, dates as may be specified in the order to the Board any of the officers of exist­ ing emplo­ or other employees serving in the Library: yees to Board. Provided that no order under this sub-section shall be made in re­ 35 lation to an officer or other employee who has in respect of the proposal of the Central Government to transfer such officer or employee to the Board intimated within such t'me as may be specified in this behalf by that Government, his intention of not becoming an employee of the Board.

40 (2) An officer or other employee transferred by an order made under sub-section (1) shall, on and from such date, cease to be an employee of the Central Government and shall become an employee of. the Board with such designation as the Board may determine and shall, subject to the provisions of sub-sections (3), (4) and (5) be governed by the re­ 45 gulations made by the Board under this Act 4s respects remuneration and other conditions of service including pension, leave and provident fund 8 and shall continue to be an employee of the Board unless and until his employment is terminated by the Board.

(3) Every officer or other employee transferred by an order made under sub-section (1), shall, within six months from such date, exer­ cise his option in writing to be governed— (a) by the scale of pay applicable to the post held by. him under the Government immediately before the date of establishment of the Board or by the scale of pay applicable to the post under the Board to which he is transferred, •

(b ) by the leave, provident fund, retirement o r other terminal io benefits admissible to employees of the Central Government in ac cordance w ith th e rules and orders of the Central Government as amended from time to time or the leave, provident fund or other te rm in a l benefits admissible to the employees of the Board under the regulations made by the Board under this Act, and such option 15 once exercised shall be final: Provided that the option exercised under clause (a) shall be applicable only in respect of the post to which such person is trans­ ferred to the Board and on appointment to a higher post under the Board, he shall be eligible only for the scale of pay applicable to 20 such higher post: Provided further that if immediately before the date of his transfer any such person is officiating in a higher post under the Government either in a leave vacancy or in any other vacancy of a specified duration, his pay, on transfer, shall be protected for the unexpired period of such vacancy and thereafter he shall be entitled to the scale of pay applicable to the post under the Government to which he would have reverted or to the scale of pay applicable to the post under the Board to which he is transferred, whichever he may opt. 30 (4) No officer or other employee transferred by an order made under sub-section (1)— (a) shall be dismissed or removed by an authority subordinate to that competent to make a similar or equivalent appointment under the Board as may be specified in the regulations made by the Board 35 under this Act; (b) shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges and where it is proposed, after such inquiry, 40 to impose on him any such penalty, until he has been given a reasonable opportunity of making a representation on the penalty proposed, but only on the basis of the evidence adduced during such inquiry: 1 Provided that this clause shall not apply,— 45 (i) where any* officer or other employee is dismissed or re­ moved or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or 9

(ii) where the authority empowered to diarn^ or remove . any officer or other employee or reduce him in rank is satisfied that for . some reason, to be recorded by that authority in writ- it is not reasonably practicable to hold such inquiry; or

5 (***) any officer or other employee who, alter transfer to 1 the Board, is appointed to a higher post under the Board in res­ ponse to an open advertisement and in competition with out­ siders.

(**) respect of any such officer or other employee as aforesaid, 10 a question arises whether it is reasonably practicable to hold such inquiry as is referred to in sub-section (4) the decision thereon of fop authority empowered to dismiss or remove him or to reduce him in rank shall be final. .

18. (I) On and after the commencement of this Act, the LibraryLibrary 15 shall be known as “the National Library of India”, and any reference to to be the National Library in any law for the time being in force or in any known as indenture, instrument or other document shall be construed as a reference “National Library of to the National Library of India. India” and location of (2) The Library shall continue to be located at calcutta. Library.

20 CHAPTER IH '

_ P roperty , liabilities and functions o f -the Board

18. (i) On the establishment of the Board— Property (i) all properties, funds and dues which are vested in, or realis­ able by, the Central Government for the purposes of the Library of Board, shall vest in, and be realisable by, the Board; and (ii) all liabilities in relation to the Library, which are enforce­ able against the Central Government, shall be enforceable only against the Board.

(2) All properties, which may, after the establishment of the Board, 30 be given, bequeathed or otherwise transferred to the Library or acquired by the Board shall vest in the Board.

20. (1) It shall be the general duty of the Board to manage the Lib­Duties rary and to implement programmes for the development of the Library of on modern scientific lines, to advise the Central and State Governments Board. 35 on matters relating to libraries and the working thereof, including the preparation of bibliographies, descriptive catalogues and other matters and perform such other functions as the Central Government may, from time to time, assign to the Board.

(2) In particular and without prejudice to the generality of the fore­ 4 0 going provision, the Board may take such steps as it thinks fit,—

(a) to render service to the public for using the Library and to conserve the existing collection of manuscripts, books and other articles in the Library, on modern scientific lines; 10

(b) to acquire and conserve all significant production of materia printed in India, all printed material concerning India irrespective of the place from where it is published, and manuscripts of natioz importance;

(c) to render technical advice to the other public libraries wit the meaning of clause (b) of seetion 2 of the Delivery of Books and Newspapers (Public Libraries) Act, 27 of 1954. 27 of 1994. (d) to undertake publication of bibliographies and assist institU' tions and scholars in the publication of bibliographies; (e) to provide facilities for, or to promote- symposia and semi-l io nars on matters relating t6 history, literature, science and the likes; (f) to arrange for the exhibition of such manuscripts, book£, articles or things of the Library as, in the opinion on the Board,would be of interest to the public; (g) to undertake and promote exchange of books and periodi- 15 cals with libraries and other institutions in countries outside India; . (h) to undertake duplication (including photo-duplication)', preservation of manuscripts, books, articles or things on behalf of any person or institution on such terms and conditions as may be agreed upon between the Board and such person or institution; and 20 (i) to do all such other things as may be commensurate with the role of a national library.

Power* 21. (1) Subject to such conditions and restrictions as the Central l Board Government may think fit to impose, the Board may exercise all such powers as may be necessary or expedient for the purpose of carrying 25 out its duties under this A ct

(2) Subject to such regulations as may be made by the Board in this behalf, the Board may, from time to time, purchase or otherwise acquire such manuscripts, books, articles or things as may, in the opinion of the Board, be worthy of preservation in the Library. 30

CHAPTER IV _

! ' F inance , accounts , audit and heport

Grants 22. For the purpose of enabling the Board to perform its functions by efficiently under this Act, the Central Government may, after due appro­ Central priation made by Parliament by law in this behalf, pay to the Board in 35 Govern­ ment to each financial year such sums of money as that Government considers Board. necessary by way of grant, loan or otherwise.

Fund of 23. (1) The Board shall maintain a Fund to which shall be credited— Board. (a) all moneys paid by the Central Government; (b) all fees and other charges levied under this Act- ^ . ■ * (c) all moneys received by the Board by way of grant, gift, donation, benefaction, bequest, subscription, contribution or transfer; (d) all other moneys received by the Board in any other manner or from any other source.- . M

(2) The Board may expend such sums as it thinks fit lor pepfoanlng its functions under this Act and such sums shall be treated as expenditure payable out of the Fund.

(3) A sum of money not exceeding such amount as may be provided 5 by regulations made under this Act may be kept in current account with any scheduled bank as defined in section 2 of the Reserve Bank of India 2 of 1934. Act, 1934, or any other bank approved by the Central Government in this behalf but any moneys in excess of that sum shall be deposited in the Reserve Bank of India or with the agents of the Reserve Bank of India io or invested in such manner as may be approved by the Central Govern­ ment.

24. ( 1 ) The Board shall by such date in each year as may be specified Budget. byTEe Central Government, submit to it for approval a budget for the next financial year in the form specified by it, showing the estimated 15 receipts and expenditure, and the sums which would be required from the Central Government during that financial year. (2) If any sum granted by the Central Government remains wholly or partly unspent in any financial year, the unspent sum may be carried forward to the next financial year, and taken into account in determining 20 the sum to be provided by the Central Government for that year. (3) Subject to the provisions of sub-section (4), no sum shall be expended by or on behalf of the Board, unless the expenditure is covered by provision in the budget approved by the Central Government. (4) Subject to such conditions and restrictions as the Central Gov- 25 ernment may think fit to impose, the Board may sanction any reappro­ priation from one head of expenditure to another or from a provision made for one purpose to that for another purpose. 25. (I) The Board shall maintain proper accounts and other relevant Adcounts and audit. records End prepare an annual statement of account including the balance 30 sheet in such form as may be specified, and in accordance with such general directions as may be issued, by the Central Government in con­ sultation with the Comptroller and Auditor-General of India. (2) The accounts of the Board shall be audited annually by the Comptroller and Auditor-General of India and any expenditure incurred 35 by him in connection with such audit shall be payable by the Board to the Comptroller and Auditor-General of India. (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Board shall have the same rights, privileges and authority in connection 40 with such audit as the Comptroller and Auditor-General of India has in connection with the audit of Government accounts, and, in particular, shall have the right to demand the production of books, accounts, con­ nected vouchers and other documents and papers and to inspect the office of the Board and the Library.

45 (4) The accounts of the Board as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded by the B o a r d annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. IS

Returns BS. (1) The Board shall furnish to the Central Government at such and tim^ind in such form and in such manner as the Central Government report. may direct such returns, statements and particulars as the Central Gov* ernment may, from time to time, require. (2) Without prejudice to the provisions of sub-section (I), the Board 5 shall, as soon as possible after the commencement of each financial year, submit to the Central Government within such time as may be specified by the Central Government a report giving true and full account of the activities of the Board during the previous financial year and an account of activities likely to be undertaken during the current financia^earand 10 theCentral Government shall cause the sam etobe laid beforeeacn Souse^nfTSIrllament!- " " ^ ^ *"^ m m

CHAPTER V Miscellaneous * * * * * * * ‘ ‘ 15 Delegation 27. The Board, may, by a general or special order in writing, direct of powers that all or any of the powers or duties which may be exercised or dis­ and duties. charged by it shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised or discharged also by any member, or any officer or other employee of the Board, specified 20 in this behalf in the order.

Officers 28. All officers and other employees of the Board (including the Direc­ and tor of the Library) shall, when acting or purporting to act in pursuance employees of the provisions of this Act or of any rule or regulation made thereunder of Board to be be deemed to be public servants within the meaning of section 21 of the 25 public Indian Penal Code. 45 of i860 servants. Protection 29. No suit, prosecution or other legal proceeding shall lie against the of action B oar? or any member, or any officer or other employee of the Board taken under (including the Director of the Library), for anything which is in good the Act faith done or intended to be done in pursuance of the provisions of 30 this Act or of any rule or regulation made thereunder.

Power of 30. (1) The Central Government may, by notification in the Official Central Gazette, make rules to give effect to the provisions of this Act: Govern­ ment to Provided that when the Board has been established no such rule shall make be made without consulting the Board. 35 rules. (2) In particular and without prejudice to the generality of the fore­ going power, such rule may provide for all or any of the following matters, namely:— ***** (a) the travelling and other allowances payable to a member 40 (including a member of the Executive Council appointed undersec­ tion 11) and to a person associated with the Board under section 12; ***** (b) the manner of appointment to the post of, and the salary and allowances and other terms and conditions of service of, the Director 45 of the Library under section 15; 13

(c) the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of the Board. (d) any other matter which has to be, or may be, prescribed.

(3) Every rule made under this section shall be laid, as soon as may 5 be after it is made, before each House of Parliament while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions afore­ said, both Houses agree in making any modification in the rule of both 10 Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

15 31. (I) The Board may, with the previous approval of the Central Power of Government, by notification in the Official Gazette, make regulations, not Board to inconsistent with this Act and the rules made thereunder, for enabling make regula­ it to perform its functions under this Act. tions. (2) In particular and without prejudice to the generality of the fore- 20 going power, such regulations may provide for all, or any of the follow­ ing matters, namely: — (a) the conditions and restrictions subject to which manuscripts and books in the Library may be used; (b) the manner in which and the purposes for which persons may be associated with the Board; (c) the time and place of meetings of the Board, the procedure to be followed in regard to the transaction of business at such meet­ ings and the quorum necessary for the transaction of business at a meeting; (d) the maintenance of minutes of meetings of the Board and the transmission of copies thereof to the Central Government; (e) the recruitment and conditions of service of officers and other employees of the Board; (/) the person by whom and the manner in which, payments, 35 deposits and investments may be made on behalf of the Board; (g) the maximum amount that may be kept in the current account; (h) the maintenance of registers and accounts; (t) the compilation of catalogues and inventories of the manu­ scripts, books, articles and things in the Library; (j) the steps to be taken for the preservation of the manuscripts, books, articles and things in the Library; (k) the general management of the Library; (I) the fees and other charges to be levied for the facilities that may be afforded for photo-copying of manuscripts and books in the 45 Library; 14

(to) the charges that may be levied by way of rent for the use of rooms in the readers’ hostel in the Library; (n) any other matter in respect of which provision is, in the opinion of the Board, necessary for the performance of its functions under this Act.

(3) The Central Government may, after consultation with the Board, by notification in the Official Gazette, amend, vary or rescind any regul»> tion which it has approved and thereupon the regulation shall have effect accordingly but without prejudice to the exercise of the powers of the Board under sub-sections (1) and (2). APPENDIX I (Vide Para 2 of the Report) MOTION ADOPTED IN LOK SABHA FOR REFERENCE OF THE BILL TO THE JOINT COMMITTEE “That the Bill to provide for the administration of the National Library and certain other connected matters be referred to a Joint Committee of the Houses consisting of 45 members, 30 from this House, namely: - (1). Shri Achal Singh (2) Shri Dharramarao Sharanappa Afzalpurkar (3) Shri Virendra Agarwala (4) Shri Shrikrishna Agrawal (5) Shri Anand Singh (6) Shri Panna Lai Barupal (7) Shri S. C. Besra (8) Shri Biren Engti (9) Shri R. R. Singh Deo (10) Shri K. Gopal (11) Shri Samar Guha (12) Shri B. R. Kavade (13) Shri E. R. Krishnan (14) Shri Y. S. Mahajan (15) Shri Kumar Majhi (16) Shri H. N. Mukerjee , (17) Shri Saroj Mukerjee (18) Shri Tuna Oraon ~ (19) Shri Narain Chand Parashar 4 (20) Shri Natwarlal Patel a (21) Shri Ramubhai Ravjibhai (22) Shri P. Antony Reddi (23) Shri P. Ganga Reddy " (24) Shri Sakti Kumar Sarkar (25) Shri S. A. Shamim (26) Shri Rajaram Shastri (27) Shri Somchand Solanki (28) Shri K. P. Unnikrishnan (29) Shri Amarnath Vidyalankar < (30) Shri D. P. Yadav and 15 members from Rajya Sabha;

IB 16 that in order to constitute a sitting of the Joint Committee the quorum shall be one-third of the total number of members of the Joint Committee; that the Committee shall make a report to this House by the 15th day of March, 1973; that in other respects the Rules of Procedure of this House relating to Parliamentary Committees shall apply with such variations and modifications as the Speaker may make; and that this House do recommend to Rajya Sabha that Rajya Sabha do join the said Joint Committee and communicate to this House the names of 15 members to be appointed by Rajya Sabha to the Joint Committee. APPENDIX II (Vide para 3 of the Report) MOTION ADOPTED IN RAJYA SABHA

“That this House concurs in the recommendation of the Lok Sabha that the Rajya Sabha do join in the Joint Committee of the Houses on the Bill to provide for the administration of the National Library and certain other connected matters, and resolves that the following 15 members of the Rajya Sabha be nominated to serve on the said Joint Committee: — 1. Shri Shyam Dhar Misra 2. Shri Rattan Lai Jain 3. Shri Sanat Kumar Raha 4. Shri Pramatha Nath Bisi 5. Shri Niren Ghosh 6. Shri Patil Puttappa 7. Dr. Rajat Kumar Chakrabarti 8. Shrimati Sushila Shankar Adivarekar 9. Shri Mahabir Dass 10. Shri A. K. Refaye 11. Shri N. G. Goray , 12. Shrimati Maragatham Chandrasekhar 13. Prof. Resheeduddin Khan 14. Dr. V. B. Singh 15. Prof. S. Nurul Hasan.”

If a p p e n d ix in [7 r | (Vide para 8 of the Report) T LIST OF ASSOCIATIONS, ORGANISATIONS, ETC. FROM WHUM MEMORANDUM WERE RECEIVED BY THE JOINT COMMITTEE 1. Shri Kankan Ghosh, Calcutta. 2. Prof. Nandini Sen, Lecturer (History). ' ' ^ Muralidhar Girls’ College, • . ■ j P 411|14, Gariahat Road, Calcutta-29. } £ 3. Prof. Deepika Basu, Lecturer in History, ! Muralidhar Girls’ College, Calcutta. j 4. Prof. Narahari Kaviraj, Head of the Department of History, ' Muralidhar Girls’ College, P-411|14, Gariahat Road, Ballygunge, Calcutta-29. 5. South Gujarat University, Surat. T 6. Shri Chinmohan Sahanavis, 19, Dr. Sarat Banerjee Road, ' Calcutta-29. ■ 7. Shri Hakam Singh, Librarian, Punjabi University, Patiala. " ' 8. Shri Durlabh Chandra Bhattacharyya, Research Student, Department of Comparative Philology, Calcutta University, Calcutta. 9. Kamatak University Library, Chhota Mahabaleshwar, Dharwar-3. 10. Shri S. V. Desikachar, Special Officer, Mysore State Archives, Education and Youth Services Department, Vidhana Soudha, Bangalore-1. 11. Gujarat Vidyapith, Ahmedabad-14. 12. Regional Research Laboratory, Council of Scientific and Indus­ trial Research, Jammu Tawi. 13. Librarian, Central Library, University of Roorkee, Roorkee. " ’ 14. National Council of Educational Research and Training, ' Sri Aurobindo Marg, New Delhi-16. 1 15. University of Burdwan, Burdwan, . 16. Asiatic Society of Bombay, Town Hall, Bombay-1. /i 17. Indian Library Association (Regd.), >‘ C|o Delhi Public Library, S. P. Mukerji Marg, Delhi-6. 18. Bengal Library Association, P-134, C.I.T., Scheme L n, Calcutta-14.

18 19

19 . Sarvashri Mahadeva Saha and Syed Shahedullah, 49, Lake Place, Calcutta-29. ’ 20. Visva-Bharati, Santiniketan, West Bengal. 21. Magadh University, Bodhgaya. 22. National Library Employees’ Association, Belvedere, Calcutta-27. 23. Shri B. K. Ray Chaudhury, 116, Bepin Behari Ganguly Street Calcutta-12. ’ 2?. 'Librarian, All-India Institute of Medical Sciences, Ansari Nagar, New Delhi-16. 25. Dr. Mumtaz Ahmad, Lecturer in Urdu, Patna College, Patna-5. 26. Shri Anil Chatterjee, Member, Departmental Council, Government of India, Ministry of Education (Staff side), 11, Tincouri Ghosh Lane, Kalighat, Calcutta-26. 27. Shri P. Roy, 42/2, Belilious 1st. Bye Lan6, Howrah. 28. Shri Nitai Ghosh, Member, National Council (JCM), 14, New Cantt. Road, Dehra Dun. 29. University of Bombay, Bombay. y; 30. Gazetted Officers’ Association, Central Referencie Library, Belvedere, Calcutta-27. 31. Ganganatha Jha Kendriya Sanskrit Vidyapeetha, Motilal Nehru Park, Allahabad-2. 32. Shri Manoj Kumar Mitra, 9212, Dr. Girindra Shekhar, Bosu Road, Calcutta. 33. Director, Zoological Survey of India, 34, Chittaranjan Avenue, Calcutta-12. 34. Shri Nani Gopal Chowdhury, 4|2A, Nilkamal Chakravarty Lane, Howrah. 35. Shri M. H. Razvi, University Librarian, Maulana Azad Library, Aligarh Muslim University, Aligarh. 36. Director, Central Electronics Engineering Research Institute, Pilani. 37. Dr. D. S. Reddi, President, Board of Governors, Institute of Public Enterprise and Chairman, Board of Governors, Central Institute of English & Foreign Languages, Prasanthi, Jamai-Osmania P.O., Hyderabad—7. 38. Professional Staff of University of Delhi, University Library, Delhi. 39. Indian Association of Special Libraries and Information Centres, Albert Hall (1st Floor), 15, Bankim Chatterjee Street, Calcutta—12, 20

40. University Librarian, Punjab University Library, Chandigarh-14. 41. Dr. J. S. Patel, Retired Agricultural Commissioner and, Ex-Vice Chancellor, Gadapura, Gotri Road, Baroda-7. 42. Shri Jasobanta Kar. 43. Dr. Veni Shankar Jha, 868, Wright Town Jha Marg, Jabalpur-2. 44. Shri K. D. Bhattacharya, Formerly Head, Philosophy, Viswa- Bharati, Shantiniketan, Rajeswari Bhawan, 3, Gurudham Colony, Durga Kund Road, Varanasi-5. 45. Prof. O. P. Bhatnagar, Hony Secretary, Public Library, Allahabad. 46. National Library Gazetted Officers Associaition, National Library, Calcutta-27. 47. Prof. N. K. Sinha, Retd. Professor of History, 85A, Ekdalia Road, Calcutta-19. 48. Indian Medical Association, I.M.A. House, Ihdraprastha Marg, New Delhi. 49. Shri T. S. Avinashilingam, Sri Ramakrishna Mission Vidyalaya Coimbatore District. 50. Dr. S. M. Sircar, , 93/1, Acharya Prafulla Chandra Road, Calcutta-9. 51. Senior Librarian, Central Building Research Institute, Pushp Kunj, Civil Hospital Road, Roorkee. 52. Miss Santipriya Mondal, 12/A Radhanath Bose Lane, Calcutta-6. 53. Sapna Baksi, User of National Library, P. 324 C.I.T. Road, Scheme-VIII, Calcutta-54. 54. Shri K. A. Naqvi, Delhi School of Economics, University of Delhi, Delhi-7. 55. Shri Jai Krishna, Vice-Chancellor, University of Roorkee, Rorkee. 56. Dr. P. D. Shukla, Chairman, National Committee on 104-24-3 Educational Structure, A14/15, Vasant Vihar. 57. Principal S. R. Tawde, Shivaji University, Ramji Sadan, Shahu- puri, Kolhapur. 58. Dr. J. W. Airan, “Saroj”, Daulatnagar, Satara-1. 59. Dr. S. K. Havanur, Tata Institute of Fundamental Research, Homi Bhabha Road, Bombay-5. 60. Dr. Y. Nayudamma, Secretary to the Government of India and Director General, Scientific and Industrial Research, Rafl Marg, New Delhi-1. 61. General Secretary, Maha Bodhi Society of India, 4A, Bankim Chatterjee Street, Calcutta-12. 62. Shri Shankar Ranjan Roy Chowdhury, 6, Kalikinkar Road, Calcutta-8. ' / 63. Shri Suraj Bhan, Vice-Chancellor, Punjab University, Chandi­ garh. • 64. Prof. S. N. Mukerji, 1521, Wright Town, Jabalpur. 65. Shri Rathindra Nath Ganguly, Research Scholar, 13E, Dr. N. D. Bhattacharyya Road, Serampore, Hooghly. 21

66. Shri P. C. Mukerji, Vice-Chancellor, University of North Bengal, Raja-Rammohunpur, Dt. Darjeeling. 67. Dr. H. K. De Chaudhury, Dharmataitvacharya, 103A, Ekdalia Road Calcutta-19. 68. Indian Institute of Experimental Medicine, 4, Kaja Subo 80. Shri Mihir Kumar Ray, 11A|1, North Road, Jadavpur, Calcutta-700032. 81. Shri Susobhan Sarkar, Retd. Professor of History, Calcutta Presidency College and Jadavpur University, President of the Indian History Congress, 239A, Netaji S. C. Road, Calcutta-47. 82. Shri Nikhil Chandra Paul, 11|9|1, Parna Sree Pally, Behala, Calcutta-60, West Bengal. 83.^hri S. R. Bharatiya, Director, Chintamani Memorial Library, Seva Samiti Buildings, Seva Samiti Road, Allahabad-3. 84. Linguistic Society of India, Deccan College, Poona-6. 85. Shri Bishnu Day, 1|10, Prince Golam Mohammad Road, Calcutta-26. 86. Shri Morinal Kanti Das Gupta, 104, Banomali Naskar Road, Behala, Calcutta-60. * 87. Shri Sisir Kumar Das Gupta, 141|Basunagar, P. O. Madhyam- gram, 24 Pgs, West Bengal. 88 Shri Amal Kumar Sarkar, Prof. of Zoology, ’ Narasinha Dutt College, Howrah. 22

&». Shri Sisir Kumar Das, 36B, Telipara Road, Calcutta-25. 90.. Dr. P. K. Kelkar, Director, Indian Institute of Technology, Powai, Bombay. ' 91. Shri Rebati Mohan Chatterjee, Lecturer in Zoology, Narasinha Dutt College, Howrah. 92. Dr. Debendra Chandra Dasgupta, 8|35, Fern Road, Second Floor, Ballygunge, Calcutta-19. 93. Shri Satyajyoti Ghoshal, Research Scholar, 118, Roy Bahadur Road, Calcutta. 94. Shri H. C. Dholakia, Dean, Faculty of Law, M. S. University of Baroda. 95. Shri Shibadas Chaudhuri, Librarian, Asiatic Society, Calcutta-14. 96. Indore Sambhag Pustakalaya Sangh, 11, Khatipura Road, Indore. 97. Shri Hemendra Nath Ghosh, Lecturer, Department of Political Science, Narasinha Dutta College, Howrah. 98. Shri B. K. Bajpaie, Registrar, University of North Bengal, Raja- Rammohunpur (Distt. Darjeeling). 99. Prof. Bhabatosh Dutta, 1|1-K, Jodhpur Park, Calcutta-31. 100. Mrs. Sheila Basu (Purkayastha) 34A, Lake View Road, Calcutta-29. 101. Dr. H. P. Chatterjee, Department of History, Calcutta Univer­ sity, Calcutta. 102. Shri Gaurangagopal Sengupta, 4, Panditia Terace, Calcutta-29. 103. Shri G. G. Swell, Deputy Speaker, Lok Sabha. 104. Shri A. R. Bedar, Director, Khuda Baksh Oriental Public Library, Patna. 105. Shri C. R. Banerji, C|o Central Reference Library, Belvedere, Calcutta-27. . 106. Prof. Rama Chandra Pal, Head of the Department & Reader in Philosophy, Rabindra Bharati University. 107. Shri Bishwanath Bose, 12, Brindaban Basak Street, Calcutta-5. 108. Shri Karun Krishna Brahmach'ari, Sri Chaitanya Research In­ stitute, 70B, Rashbehari Avenue, Calcutta-26. 109. Shri Dipak Chaudhuri, 18, Nilmoni Datta Lane, Calcutta. 110. Shri J. C. Mehta, Director, Delhi Public Library, Central Library, S. P. Mukerji Marg, Delhi. 111. Prof. Suniti Kumar Chatterji, “Sudharma”, 16, Hindustan Park, Calcutta-29. 112. Prof. N. K. Basu, Thana Road, P. O. Karimganj, Cachar, Assam. 113. Prof. Pradip Kumar Banerjee, B|3, C.I.T. Buildings, 30, Madan Chatterjee Lane, Calcutta. 114. Prof. Sankar Datta, 96, Ibrahimpur Road, Calcutta. 115. Dr. Dipak Kumar Basu, 9/1, Fern Road, Calcutta. 116. Dr. Nandadulal Banerjee, 2£|32, Dhakuria Station Road, Cal­ cutta. 117. Dr. Ajit Kumar Pal, V-6, Manicktola Housing Estate, V.I.P. Road, Calcutta. 118. Prof. Sankar Prasad Chowdhury, 91, Deb Lane, Calcutta. 119. Prof. Ashoke Kumar Ghosh, 42|1, C. Ramanath Kaviraj Lane, Calcutta. 120. Prof. (Smt.) Naftidita Bandyopadhya, 110|5, Selimpur Road, Calcutta. 121. Shri Shymal Kanti-Sanyal, 26D, Debendra Mallick Street, Calcutta. 122. Prof. Sontosh Kumar Chaudhury, 114|4|1, Hazra Road, Calcutta. 123. Prof. Md. Khalil, Teachers’ Hostel Jadavpur University, Calcutta. 124. Shri Sailendranath Haider, P.O. Vill: Dakshin Barasat, Dist. 24- Parganas, West Bengal. 125. Prof. S. Bashiruddin, 33, Nayaya Marg, Allahabad. 126. Prof. Sobna Mukherji, 17|1, Broad Street, Calcutta-19. 127. Prof. S. N. Sengupta .Lecturer, Department of Anthropology, Calcutta University, 35, Ballygunge Circular Road, Calcutta-19. 128. Dr. Sabita Ranjan Sarkar, Research Assistant, Department of Anthropology , 35, Ballygunge Circular Road, Calcutta-19. 129. Shri R. N. Paul, Satin Sen Nagar, New Barrackpore, Dt. 24- Parganas. 130. Dr. S. N. Prasad, Director, National Archives of India, Janpath, New Delhi. 131. Shri R. C. Majumdar, 4 Bepin Pal Road, P.O. Kalighat, Calcutta- 20. 132. Shri Radharaman De, 49/B, Lansdowne Terace, Calcutta-26. 133. Shri Md. Firoj, U.G.C. (Jr.) Research Fellow, Department of Arabic and Persian, Calcutta University, 1/1, Mistry Para Lane, Calcutta. 134. Kerala Grandhasala Sangham, Post Box No. 279, Trivandrum-1. 135. Shri Raghunath BhattaSharya, 8A, Nafor Ch. Das Road Behala, Calcutta-34. 136. Shri Vivekananda Mukhopadyay, Editor, Dainik Basumati, 166, Bepin Behari Ganguli St. Calcutta-12. 137. Prof. Ram Suresh Tripathi, Aligarh Muslim University, Aligarh. 138. Shri A. Dasgupta Chairman, Delhi Library Board, S.P. Mukherji Marg, Delhi-6. 139. Prof. A. M. K. Masumi, 33|1C, Beniapuker Road, Calcutta-14. 140. Prof. Pronay K. Kundu, Department of Bengali, University of North Bengal, Darjeeling. 141 Prof. M. M. Chakrabarty, University Colleges of Science & Technology, Department of Applied Chemistry, 92, Acharya Profulla Chandra Road, Calcutta-9. 24

' 142. Shri Sambhu Nath Das, General Secretary, Himalayan Federa­ tion, 63E Mohanirban Road, Calcutta, 29. 143. Shri J. Sengupta, Calcutta. 144. Shri Gajendra Kumar Mitra, Editor, Katha Sahitya, 10, Shyama Charan De St, Calcutta-12. 145. Dr. B. C. Telang, Department of Hindi, Marathwada University, Aurangabad. 146. Shri Asok Sen, 63C Mahanirvan Road, Calcutta-29. 147. Shri Sankar Lai Mukherjee, 7, Paikpara Row, Calcutta-37. 148. Shri Bijon Kumar Chakrabarti, Nar^yani Kutir (Flat No. 2), P41, Baroda Avenue, P.O. Garia, 24-Parganas. 149. Dr. M. S. Swamniathan, Director General and Secretary to the Government of India, Indian Council of Agricultural Research, Krishi Bhavan, Dr. Rajendra Prasad Road, New Delhi. 150. Shri Amalendu Kishore Chakraborty, 2 Ramakanta Mistry Lane, Calcutta-12. 151. Shri Soncu Moharaj, 52A, Babubagan, Calcutta-31. 152. Shri Lallanji Gopal, Director, Centre of Advanced Study in Philosophy, Banaras Hindu University, Varanasi-5. 153. Tripura Library Association, Agartala, Tripura. 154. Prof. Rabindranath Bhattacharyya, Department of Mathematics, Jadavpur University, Matri Mandir, Baruipur, 24 Pgs., West Bengal. 155. Shri Samir Rakshit, Department of Architecture, Jadavpur Uni­ versity, 2, Central Park (East), Calcutta. 156. Shri Ashutosh Das, 23|4A, Creek Lane, P.O. Entally, Calcutta-14. 157. Supervisory Staff of Garden Reach Workshops Ltd., Calcutta- 24. 158. Shri R. C. Gupta, Librarian, Structural Engineering Research Centre, Council of Scientific & Industrial Research, Roorkee. 159. Shri Saumyendranath Tagore, 4 Elgin Road, Calcutta-700020. 160. Shri Binoy Bhushan Bhattacharya, 42, Mission Para (East), P.O. Rahara, Dist. 24-Parganas, West Bengal. 161. Shri Bijayanath Mukherjee, Ex-Librarian, Calcutta University, 8, Ananta Ram Mukherji Lane, Howrah-1. 162. Dr. R. L. Mittal, Lecturer in Library Science, Department of Library Science, Gauhati University, Gauhati-14. 163. Shri Ratna Malik, Junior Research Fellow, C.S.I.R., Department of Anthropology, University of Calcutta, Calcutta. 164. Shri Sontosh Kumar Poddar, Lecturer in Engineering Economics, Faculty of Engg. & Technology, Jadavpur University, 20 Lake East Sixth Road, Sontoshpur, Calcutta. 166. Dr. Chirananjab Ghosal, Lecturer, Department of Chemistry, Faculty of Science, Jadavpur University, 13|1, Haider Bagan Lane. Calcutta. 25

166. Shri M. B. Buch, Head, Centre of Advanced Study in Education, Faculty of Education and Psychology, Lokmanya Tilak Road, Baroda-2. 167. Prof. E. S. Rajagopal, Librarian-in-charge, Indian Institute of Science, Bangalore-12. 168. Publishers’ & Booksellers’ Association of Bengal, 93, Mahatma Gandhi Road, Calcutta-7. 169. Shri Manmatha Ray, 229C, Vivekananda Road, Calcutta-6. 170. Shri S. M. Banerjee, I.A.A.S. (Retd.) 103 Southern Avenue, Calcutta-29. 171. Dr. Sitansu Maitra, Shakespeare Professor of English and Head of Department, Rabindra Bharati University. 172. Shri R. N. Sampath, Curator, Government Oriental Manuscripts Library, Triplicane, Madras. 173. Shri Ababuddha Roy, Assistant Librarian, State Central Library, Calcutta-50, Missionpara, P.O. Rahara Dt. 24, Parganas. 174. Prof. A. C. Banerjee, Head of the Department of History, Jadav- pur University, Calcutta. 175. Dr. Buddhadeb Bhattacharjee, Member, Senate C.U. Academic Council, C.U., Calcutta. 176. Shrimati Ashapurna Devi, 17, Kanungo Park, Garia P.O. 24, — Parganas. 177. Shri Bisu Mukhopadhyay, Author & Journalist, 12 D, Raja Kali Kissen Lane, Calcutta-5. 178. G.R.W. Staff Recreation Club, 43/46, Garden Reach Road, Calcutta-24. 179. Shri Pritimoy Ghosh Dastider, 52A, Babubagan, Calcutta-31. 180. Shri Abani Bhusan Biswas, 24, Mahajati Nagar, Birati, 24- Parganas. 181. Director Khadi & Village Industries Commission, 33, Chitta Ran j an Avenue (6th Floor), Calcutta-12. 182. Shri Basudev Burman, Member, Academic Council, C.U. and Member, Sentate, C.U., Calcutta. 183. Shri Probod Kumar Sanyal, 6-Ballygunge Terrace, Calcutta-19. 184. Dr. Subhendu Chatterjee, Calcutta. , 185. Shri Gurupada Sen Gupta, 7|L, Cornfield Road, Calcutta-19. 186. Shri Dasarathi Sarkar, C|o. Himalayan Federation, 63E, Mahanir- ban Road, Calcutta-29. 187. Shri Sumatha Nath Ghosh, Editor, Writer & Publisher, 84A, Mahatma Gandhi Road, Calcutta-9. 188. Shri Nishithe Ranjan Sarkar, 102|1, South Sinthe Road, Dum Dum, 24, Parganas. 189. Shri S. K. Gupta, ICS(Retd.), P404|5, Gariahat Road, Calcutta-29. 190. Shri K. Raghava Reddy, Development Officer, Sri Venkateswara University, Tirupati, Andhra Pradesh.

191. Shri Sukumar S e n , 10 Raja Rajkissen Street, Block No. 2|Suite No. 32, Calcutta-6. 4 2#

19 2. Shri B. K. Daw, Advocate, 80/1, Beniatala Lane, Calcutta-9. 193. Proif. Nirmal Chandra Bhattacharya, 18, Aswini Dutta Road, Calcutta-29. 194. Shri Shambu Mitra & Tripti Mitra, Bohurupee, 11-A, Nasiruddin Road, Calcutta-17. 195. Mrs. Roma Ghosh Dastider, 21, Babubagan, Calcutta-31. 196. Shri Ujjal Kumar Majumdar, Lecturer, Department of Bengali, University College of Arts, Calcutta University, 63F. Mahanir- van Road, Calcutta-29. 197. Shri Ajit Kumar Ghosh, Dean, Faculty of Arts, Rabindra Bharati. 198. Shri Ajit Kumar Majumdar, Bosepara, P.O. Gondalpara, Chan- dernagore, Dist. Hooghly. 199. Prof. B. C. Das, Ex-Vice-Chancellor, Sambalpur University, Chandi Road, Cuttack-8. 200. Prof. (Mrs.) A. Chatterjee, President, Calcutta University Tea­ chers’ Association, 92, Acharyya Prafulla Chandra Road, Calcutta-9. 201. Shri B. P. Bhattacharya Principal, Sanskrit College, Govern­ ment Sanskrit College, 1 Bankim Chatterjee Street, Calcutta. 202. Shri K. Roy Chaudhuri, Headmaster, Kalighat High School (Diversified) 50 Mahim Haider St., Calcutta-26. 203. Shri Lalit Kumar, Ratnakar Bhawan, Shivala, Varanasi. 204. Shri Asim Kumar Datta, 32jlA, Nandan Road, Calcutta-25. 205. Gauhati University, Gauhati. 206. Shri K. M. Govi, Assistant Editor, Central Reference Library, Calcutta-27. 207. Shri Indrajit Moitra, Lecturer, Basirhat College, Calcutta-28. 208. Shri Pranjal Kumar Bhattacharyya, Lecturer in History, Jadav­ pur University, Calcutta-32. 209. Shri Manoje Basu, Writer, P 560, Lake Road Extn. Scheme 47 CIT, Calcutta-29. 210. Shri' M. P. Sinha, Lecturer, Department of Library Science, Jadavpur University, Calcutta-32. 211. Shri P. Roy Chaudhury, Reader, Department of Library Science, Jadavpur University, Calcutta-32. 212. Shri A. P. Singh, University Rewa, Rewa. 213. Andhra Pradesh Library Association, Vijayawada. 214. Shri Damodar De, Lecturer, Department of English, Acharya Prafullachandra College, Calcutta. 215. Shri Narayan Ranjan De, Advocate, 47, Mahim Haidar Street, Calcutta-26. 216. Kumari Rita Rudra, 20, Sardar Patel Marg, Allahbad. 217. Prof. Dr. M. S. Khan, Member, Public Service Commission, West Bengal, Top Floor, 13 Wellesly Mansion, Calcutta-13. 218. Tata Institute of Fundamental Research, Homi Bhabha Road, Boihbay-5. 219. Shri Biman Basu, P-21-B, Old Ballygunj Road, Calcutta-19. 220. Shri Bimal Kanti Sinha, 12|A-J.M.M. Raw, Calcutta-9. 221. Prof. K. Siva Reddy, Department of Library Science, Colleges of Arts, Commerce & Law, Ancihra University, Waltair. 222. Dr. Udai Narain Rai, Teacher, Hindi Teaching Scheme, Quarter No. S|III|4-1, New Development, South-Eastern Railway, Kharagpur. 223. Himalayan Federation, 24, Harish Mukherjee Road, Calcutta-25. 224. Shri P. N. Shastri, 12B, Deshpran Sasmal Road, Calcutta. 225. Shri M. K. Sen, Lecturer in Pure Mathematics, University of Calcutta, Calcutta. 226. Shri S. K. Chatterjee, Lecturer in Pure Mathematics, University of Calcutta, Calcutta. 227. Shri Sabha-Kar Ganguly, Lecturer in Pure Mathematics, Uni­ versity of Calcutta, Calcutta. 228. Shri C. Datta, Lecturer in Pure Mathematics, University of Calcutta, Calcutta. 229. Shri Amiya .Mukherjee, Lecturer in Pure Mathematics, Uni­ versity of Calcutta, Calcutta. 230. Prof. A. C. Choudhury, U.G.C. Professor & Head of the Depart­ ment of Pure Mathematics, Calcutta University, Calcutta, 35, Ballygunge Circular Road, Calcutta-19. 281. Shri A. R. Banerjee, Lecturer, Department of Anthropology, University of Calcutta, Calcutta. 232. Shri Prithvinath Shastri, 12B, D. S. Road, Calcutta-33. 233. Dr. Bechan, Secretary, Bhagwan Pustakalaya, Bhagalpur-2. 234. Air Vice-Marshal M. B. Naik, National Defence Academy, P.O. Kharakvasla, Poona-23. 235. Shri Sunil Kum£r Ray, Librarian, State Central Library, 3, Kali Banerjee Lane, Calcutta-6. 236. Shri Ashutosh De, Advocate, 47, Mahim Haidar St. Calcutta-26. 237. Prof. Nimai Sadhan Bose, Department of History, Jadavpur University, Calcutta. 238. Prof. Amitabh Mukherjee, Department of History, Jadavpur University, Calcutta. 239. Shri Manoranjan Basu, 50B, Haidar Para Road, Calcutta-26. 240. Prof. P. N. Mathur, Vice-President (Education) Banasthali Vidyapith, Rajasthan. 241. Prof. Dr. Ramesh Chandra Ghosh, 6|1, Sarat Chatterjee Avenue, Calcutta-29. < 242. Shri Subhash Mukhopadhyay, Writer, 5B, Dr. Sarat Banerji Road, Calcutta-29. 243. Rajasthan Library Association, Library Law Department, Sec­ retariat, Jaipur. 244. Shri Narayan Sanyal, Author, 13|1, Chakraberia Road (North), Calcutta. 245. Dr. B. M. Bhatia, Principal, Hindu College, Delhi. . 246. Shri Satyapriya Roy, Ex-Education Minister of West Bengal, President, All Bengal Teachers’ Association, Calcutta-12. 247. Prof. Sargmohan Mitra, 238, Manicktola Main Road, Calcutta-54. 248. Shri Dilip Majumdar, 118A, M.M.B. Street, Calcutta-12. 249. Shri S. R. Prasad, Registrar, Patna University, Patna-5. 250. Abdul Kalam Azad Oriental Research Institute, Public Gardens, Hyderabad-4. A.P. 251. Shri Kalyan K. Ganguli, Head of the Department, Ancient In­ dian History & Culture, University of Calcutta, 51|2, Hazra Road, Calcutta-19. 252. Smt. Dipali Nandi, C|o, Sri D. P. Nandi, Block 1, Flat 3, 130, Netaji Subhash Ch. Basu Road, Calcutta-40. 253. Registrar, Shivaji University Library, Vidyanagar, Kolhapur. 254. Secretary, Education (Kl) Department, Fort St. George, Madras-9. 255. Punjabi University, Patiala. 256. Education Department, Government of Maharashtra, Bombay. 257. Chief Executive Councillor, Delhi. 258. Shri T. N. Banerjee, Patna. 259. Sarveyor General of India, Dehradun. 260. Bengal National Chamber of Commerce and Industry, Calcutta. 261. Bihar Citizen’s Council on Education, Patna. 262. Km. Vidyut K. Khandwala, University Librarian, S.N.O.T. Wo­ men’s University, Bombay. 263. Shri V. B. Belsara, Librarian, Deccan College, Postgraduate & Research Institute, Poona. 264. Shri K. S. Hingwe, Librarian, University of Poona, Poona. 265. Shri S. G. Mahajan, Assistant Librarian, University of Poona, Poona. i, 266. Dr. Raj at Kumar Chakrabarti, M.P. •. 1 267. Shri P. N. Bisi, M.P. 268. Shri Shakti Kumar Sarkar, M.P. . 269. Shri Sanat Kumar Raha, M.P. , . 270. Shri Saroj Mukherjee, M.P. : APPENDIX IV

(vide para 9 of the Report)

List oj Associations, organisations, etc. who gave evidence before the Joint Committee

S. No. Name of Association/Individual Date on which evidence was taken

1. National Library Employees’ Association, / Calcutta. 6-6-1973 Spokesmen: 1. Shri Anil Chatterjee 1 2. Shri Asis Niyogi 3. Shri Ajit Ghosh 4. Shri Byomkesh Maiti 2. Shri Durlabh Chandra Bhattacharyya, Research student, Department of Comparative Philology, Calcutta University, Calcutta. - 6-6-1973 3. Central Reference Library Gazetted Officers’ Association, Calcutta. 6-6-1973 Spokesmen: 1. Shri S. B. Ghosh, President 2. Shri P. N. Venkatachari, Secretary 3. Shri K. M. Govi, Member 4. Shri N. B. Marathe, Member 4. Shri Mahadeva Saha and Shri Syed Shahedullah, Calcutta. 6-6-1973 6-6-1973 5. Shri H. K. De Chaudhuri, Calcutta 6. Departmental Council (Staff side) of the Ministry of Education, Government of 6-6-1973 India Spokesmen: 1. Shri Anil Chatterjee, Member 2. Shri Sital Adhikari, Member 3. Shri B. C. Dey, Member Shri Sisir Kumar Das, Lecturer in English, 7. 64-1973 Calcutta University, Calcutta.

29 30 •■1 5

S. No. Name of Association/Individual Date on which evidence was taken

8.. Shri C. R. Banerjee, C/o Central Reference Library, Calcutta. 6-6-1973 9. Shri Gopal Haider, Calcutta. 6-6-1973 1

22. Shri B. K. Daw, Advocate, Calcutta 8-6-1973 23. Shri Biman Basu, Students’ Federation Of India, Calcutta. 8-6-1973 24. Shri N. K. Sinha, Professor of History (Retd.), Calcutta. 8-6-1973 25. Shri S. K. Gupta, I.C.S. (Retd.), Calcutta. 8-6-1973. 26. Shri Chinmohan Sehanavis, Calcutta. 8-6-1973 27. Shri Narahari Kaviraj, Calcutta. 8-6-1973 28. Shri Nirmalaya Bagchi, Calcutta. 8-6-1973 29. Shri Satyapriya Roy, President, All Bengal Teachers’ Association, Calcutta. 8-6-1973 30. Prof. Jyoti Bhattacharji, Calcutta. 8-6-1973 31. Dr. S. N. Prasad, Director of Archives, Government of India, Janpath, New Delhi. 16-7-1973 32. Indian Library Association, Delhi. 16-7-1973 Spokesmen: 1. Shri B. L. Bharadwaj * 2. Shri Gurnam Singh 3. Shri O. P. Trikha 33. Shri Hakam Singh, Librarian, Punjabi University, Patiala. 16-7-1973 34. Shri Sadhan Mukherji, C/o New Age Printing Press, New Delhi. 17-7-1973 35. Shri S. R. Bharatya, Organising Secretary and Director, Chintamani Memorial Library, Allahabad-3. 17-7-1973 36. Shri J. C. Mehta, Director, Delhi Public Library, Delhi. 18-7-1973 37. Shri Asoke Chatterjee, Member, Delhi Metropolitan Qetthcil, Delhi. 18-7-1973 38. Dr. A. U. Sheikh, Secretary, Education Department, Government of Maharashtra, Bombay. 26-9-1973 39. Asiatic Society of Bombay, Town Hall, 26-9-1973 Bombay. Spokesmen: 1. Shri Ajit Kumar Banerjee 2. Shri S. M. Joshi 92

S. No. Name o f Association/ Individual Date on which evidence was taken

40. Shri S. K. Havanur, Librarian, Tata Institute of Fundamental Research, Bombay. 26-9-1973 41. Dr. M. B. Buch, Heed, Centre of Advanced Study in Education, Baroda. 26-9-1973 42. Shri T. D. Waknis, JSr-Curator, Librarian, Maharashtra, Bombay. 26-9-1973 43. Shrimati Hansaben Mehta, Advocate, Bombay. 26-9-197$ 44. Dr. P. K. Kelkar, Director, I.I.T., Bombay. 27-9-1973 45. Air Vice-Marshal M. B. Naik, Commandant, National Defence Academy, Poona. 27-9-1973 46. Shri K. D. Puranik, Director of Libraries, Government of Maharashtra, Bombay. 27-9-1973 47. Shi V. V. Bhat, Maharashtra State Library Association, Bombay. 27-9-1973 48. Prof. (Miss) A- Dastur, Department of Civics and Politics,) University of Bombay, Bombay. 27-9-1973 a p p e n d ix V

MINUTES OF THE SITTINGS OF THE JOINT COMMITTEE ON THE NATIONAL LIBRARY BILL, 1972

I P int Sitting , Committee sat on Thursday, the 18th January, 1973 from 11.00 lo 1J.S0 hours.

PRESENT Shri Amarnath Vidyalankar—Chairman

M em b e r s

L ok S abh a 2. Shri Achal Singh 3. Shri Dharmarao Sharanappa Afzalpurkar 4. Shri Virendra Agarwala 5. Shri K. Gopal 6. Shri Samar Guha 7. Shri B. R. Kavade 8. Shri Saroj Mukherjee 9. Shri Tuna Oraon 10. Shri Narain Chand Parashar >• 11. Shri Natwarlal Patel 12. Shri S. A. Shatnim 13. Shri Somchaqd Solanki 14. Shri D. P. Yadav

Rajya Sabha 15. Shrimati Maragatham Chandrasekhar ' 16. Shri Mahabir Dass 17. Shri Niren Ghosh (, 18. Prof. S. Nurul Hasan 19. Shri Rattan Lai Jain 20. Prof. Rasheeduddin Khan 21. Shri Patil Puttappa 22. Dr. V. B. Singh

L egislative Council 1. Shri S. Harihara Iyer—Joint Secretary and Legislative Counsel. 2. Shri R. N Shinghal—Assistant Legislative Counsel. 34

R epresentatives of the Ministry o f Education and Social W elfare (Department of Culture) 1. Shri A. B. Chandiramani—Joint Educational Adviser. 2. Shri P. Somasekharan— focrU a ry. 3. Shri A. S Talwar—Under Secretary.

S e c re ta r ia t Shri H. G Paranjpe—Deputy Secretary. 2. At the outset, the Chairman welcomed the Members of the Com­ mittee and referred to the proposals contained in the Bill. 3. The Committee, after some discussion, decided that— (i) Written memoranda on the provisions of the Bill might be invited from various Associations, Organisations connected with the National Library, Calcutta and other Libraries o f importance, Universities, learned bodies, eminent education­ ists, research scholars, etc. so as to reach the Lok Sabha Sec­ retariat by Saturday, the 17th February, 1973. The Lok Sabha Secretariat might issue a circular letter in this behalf.. (ii) A Press Communique to this effect might also be issued. (iii) On-the-spot study visit of the Committee to National Library, Calcutta might be undertaken in order to acquaint the mem­ bers with the problems of the National Library. (iv) Oral evidence of the representatives of some of the organisa­ tions/individuals might be taken. 4. The Committee desired that the Ministry of Education and Social Welfare (Department of Culture) might tabulate the various memo­ randa/suggestions that might be received by the Committee and offer their comments on the points raised therein for the consideration of the Committee. 5. The Committee also desired that the Ministry of Education and Social Welfare (Department of Culture) might furnish to them material about the history and functions of the National Library, Calcutta. 6. The Committee then decided to meet on Tuesday, the 6th March,. 1973 at 18.00 hours. 7. The Committee then adjourned. *

n Second sitting * The Committee sat on Tuesday, the 6th March, 1973 from 18.00 to 19.00 houjrs. PRESENT Shri Amamath Vadyalankar—Chairman

Mb o m . . Lok Sdbka 2. Shri Achal Singh 3. Shri Biren Engti * 39 4. Shri K. Gopal 5. Shri E. R. Krishnan 6. Shri Y. S. Mahajan 7. Shri Saroj Mukherjee 8. Shri Tuna Oraon 9. Shri P. Ganga Reddy JO. Shri Sakti Kumar Sarkar 11. Shri Rajaram Shastri ,12. Shri Somchand Solanki 13. Shri K. P. Unnikrishnan 14. Shri D. P. Yadav -

Rajya Sabha 15. Shri Pramatha Nath Bisi 16. Dr. Rajat Kumar Chakrabarti 17. Shrimati Maragatham Chandrasekhar 18. Shri Mahabir Dass 19. Shri Niren Ghosh 20. Prof. S. Nurul Hasan 21. Shri Rattan Lai Jain 22. Prof. Rasheeduddin Khan 23. Shri Shyam Dhar Misra 24. Shri A. K. Refaye 25. Shri Sanat Kumar Raha

L egislative Counsel Shri R. N. Shinghal—Assistant Legislative Counsel

R epresentatives (Jf the M in istry op Education and Social W elfare (D epartment of Culture ) 1. Shri A. B. Chandiramani—Joint Educational Adviser. 2. Shri P. Somasekharan—Deputy Secretary. 3. Shri A. S. Talwar—Under Secretary.

Secretariat

Shri H. G. Paranjpe—Deputy Secretary.

2. The Committee took note of the fact that the following category of parties had been addressed to furnish their memoranda on the provi­ sions of the Bill: \ (i) Registrars of all Universities, etc. (ii) Research Scholars who used Rare Book Section of the National Library. (iii) Associations of National Library Employees, etc. fiv) Learned Institutions, Societies, Library and Centre of advance studies. - 36

3. The Committee decided that the following associations, organisa­ tions, etc., might also be addressed to furnish their eonunents | sugges­ tio n s on the provisions of the Bill:— (i) Members of Central Advisory Board of Education. (ii) Members of University Grants Commission. (iii) Vice-Chancellors of Indian Universities. (iv) Educationists and National Professors. (v) University Professors and Readers. (vi) Scholars who visited National library, and Reading Room, Calcutta. 4. The Committee accordingly decided to extend the date for receipt of memoranda containing comments/suggestions from the various asso­ ciations, organisations, individuals, etc., by the 30th April, 1973. 5. The Committee also decided that the Lok Sabha Secretariat might issue a Press Communique to this effect. In case, the Press Communique did not find adequate publicity in the newspapers, it might be given to the Press in the form of an advertisement. . 6. The Committee further decided that the Ministry of Education and Social Welfare (Department of Culture) might be asked to furnish com­ ments in a tabulated form on the various Memoranda received by the 31st May, 1973. 7. The Committee then considered their future programme of work and decided that in order to acquaint themselves with the working of the National Library, Calcutta, they should make an on-the-spot study visit for two days i.'e. on the 4th and 5th June, 1973 to the National Library and then hear oral evidence of the interested parties of eastern region on the 6th and 7th June, 1973, and also on the 8th June, 1973, if necessary, at Calcutta. 8. The Committee felt that since they had still to undertake on-the- spot study visit and hear oral evidence on the Bill, it would not be pos­ sible for them to present their Report on the stipulated date i.e. 15th March, 1973. The Committee, therefore, decided to seek an extension of time for presentation of their Report upto the last day of the first week of the Winter (Ninth) Session of 1973. The Committee authorised the Chairman and, in his absence, Shri Y. S. Mahajan, to move necessary motion to that effect in the House. 9. The Committee then adjourned.

m Third sitting The Committee sat on Wednesday, the 6th June. 1973 from 10.00 to 13,00 and again from 15.00 to 17.00 hours in Council Chamber, Legislative Assembly Building, Calcutta. PRESENT Shri H. N. Mukerjee— (in the Chair)

M e m b e r s Lok Sabtya 2. Shri Achal Singh 3. Shri Dharmarao Sharanappa Afzalpurkar 4. Shri Virendra Agarwala 8 7

5. Shn S, O. B en 6. Shri Biren Engti 7. Shri E. R. Krishnan 8. Shri Kumar Majhi 9. Shri Saroj Mukherjae 10. Shri. Turn Oraon 11. Shri Narain Chand Parashar 12. Shri Natwarlal Patel 13. Shri P. Antony Reddi 14. Shri D. P. Yadav. Rajya Sabha 15. Shrimati Sushila Shankar Adivarekar 16. Shri Pramatha Nath Bisi 17. Dr. Rajat Kumar Chakrabarti > 18. Shri Mahabir Dass 19. Shri Niren Ghosh 20. Shri N. G. Goray 21. Prof. S. Nurul Hasan 22. Shri Rattan Lai Jain 23. Prof. Rasheeduddin Khan ~ 24. Shri Shyam Dhar Misra 25. Shri Patil Puttappa 26. Shri Sanat Kumar Raha

L egislative Counsel Shri S. Harihara Iyer—Joint Secretary and Legislative Counsel.

Representatives o p the Ministry o f Education and Social Welfare (Department o p C u ltu re) 1. Shri Mohan Mukerji—Additional Secretary 2. Shri P. Somasekharan—Deputy Secretary 3. Shri A. S. Talwar—Under Secretary. 4. Shri A. B. Sen Gupta—Acting Librarian, National Library, Calcutta. Secretariat Sttrl H. G. Paranjpe—Deputy Secretary. 2. In the absence of the Chairman, Shri H. N. Mukerjee was elected as the Chairman for the sitting under Rule 258(3) of the Rules of Proce­ dure and Conduct of Business in Lok Sabha. 3. The Committee heard the evidence ot the associations, organisa­ tions, etc. mentioned below: [In the beginning, the Chairman drew the attention of the repre­ sentatives to the provisions of Direction 56 of the Directions , by the SpeatoerJ. I. National Library Employees’ Association, Calcutta. Spokesmen: 1. Shri Anil Chatteriee 2. Shri Asis Niyogi 1 ' 3. Shri Ajit Ghosh 4. Shri Byomkesh Maiti [10.00 to 10.55 hours] II. Shri Durlabh Chandra Bhattacharyya, fttteahch Student, Depart­ ment of Comparative Philology, Calcutta University, Calcutta. [10.55 to 11.15 hours] HI. Central Reference Library Gazetted Officers* Association, Calcutta 1 Shri S. B. Ghosh—President. 2. Shri P. N Venkatachari—Secretary. 3. Shri K. M. Govi—Member. 4. Shri N. B- Marathe—Member [11.15 to 11.45 hours] IV. Shri Mahadeva Saha and Shri Syed Shahedullah, Calcutta. [11.45 to 12.45 hours]

V. Shri H. K. De Chaudhuri, Calcutta. [12.45 to 13.00 houcsj [The Committee adjourned for lunch at 13.00 hours and re-assembled at 15.00 hours]. VI Departmental Council (Staff Side) of the Ministry of Education, Government of India. Spokesmen: 1. Shri Anil Chatterjee—Member 2. Shri Sital Adhikari—Member 3. Shri B. C. Dey—Member. [15.00 to 15.40 hours] VII. Shri Sisir Kumar Das, Lecturer in English, Calcutta University [15.40 to 15.55 hours] VIII. Shri C. R. Banerjee, C /o Central Reference Library, Calcutta. [15.55 to 16.15 hours] IX. Shri Gopal Haider, Calcutta. [16.15 to 16.35 hours] X Shri Rathindra Nath Ganguly, Research Scholar, Hooghly [16.35 to 16.45 hours] XI. Shri Ashoke Kumar Ghosh, Reader, Metallurgical Engineering Department, Jadavpur University, Calcutta. [16.45 to 17.00 hours] 3. A verbatim* record of evidence was kept. ’ 4. Hie Committee then adjourned to meet again on Thursday at 09.00 hours on the 7th June, 1973 in Council Chambers, Assembly House, Calcutta. 30

IV Fourth, sitting

09.0 0 to 13.00 iber, Legisla-

PRESENT Shri H. N. Mukerjee*- (In the Chair)

M embers Lok Sabha 2. Shri Achal Singh 3. Shri Dharmarao Sharanappa Afzalpurkaif 4. Shri Virendra Agarwala 5. Shri S. C. Besra 6. Shri Biren Engti 7. Shri Samar Guha 8. Shri E. R. Krishnan 9. Shri Kumar Majhi 10. Shri Saroj Mukherjee 11. Shri Tuna Oraon 12. Shri Narain Chand Parashar 13. Shri P. Antony Reddi 14. Shri S. A. Shamim 15. Shri D. P. Yadav Rajya Sabha 16. Shrimati Sushila Shankar Adivarekar 17. Shri Pramatha Nath Bisi 18. Dr. Raj at Kumar Chakraharti 19. Shri Mahabir Dass 20. Shri Niren Ghosh 21. Prof. S. Nurul Hasan 22. Shri Rattan Lai Jain 23. Shri Patil Puttappa 24. Shri Sanat Kumar Raha

L e g is l a t iv e C o u n s e l Shri S. Harihara Iyer—Joint Secretary and Legislative Counsel

R epresentatives o f t h e M in i s t r y o f E d u c a t io n a n d S o c ia l W e l f a r e (D e p a r t m e n t o f C u l t u r e ) 1. Shri Mohan Mukerji—Additional Secretary. 2. Shri P. Somasekharan—Deputy Secretary. 3. Shri A. S. Talwar—Undtfr Secretary. 4. Shri A. B. Sen Gupta—Acting Librarian, National Library, Calcutta. S e c r e t a r ia t , Shri H. (3. Paranjpe—Deputy Secretary.

In the absence of the Chairman, Shri H. N. Mukherjee was elected as 'Hie Chairman for the sitting under Rule 258(3) of the Rules of Pro* cedure and Conduct of Business in Lok Sabha.

3. The Committee heard evidence of the Associations, Organisations, etc. mentioned below: [In the beginning, the Chairman drew the attention of the repre­ sentatives to the provisions of Direction 58 of the Directions by the Speaker] > I. Shri Ramaprasad Mookerjee, Calcutta. [09.00 to 10.20 hours] II. National Library Gazetted Officers* Association, Calcutta. Spokesmen : 1. Shri M. N. Nagaraj 2. Shrimati Mira Pakrasi 3. Shri G. L. Ray 4. Shri S. Balasubramanyan [10.20 to 11.15 hours] III. Bengal Library Association, Calcutta. 1. Shri B. P. Mookerjee 2. Shri P. Roychaudhury 3. Shri S Banerjee 4. Shri B. Banerjee [11.15 to 11.55 hours] IV. Shri Niharranjan Ray, Calcutta. [11.55 to 12.50 hours] V. Shri Karun Krishna Brahmachari, Calcutta. [12.50 to 13.00 hours] [The Committee adjourned for lunch at 13.00 hours and reassembled at 15.00 hours] VI. Shri Gajendrakumar Mitra, Editor, Katha Sahitya, Calcutta. [15.00 to 15.35 hours] VII. Shri Amalendu Kishore Chakraborty, Calcutta. [15.35 to 16.00 hours] VIII. Shri Sonku Moharaj, Calcutta. [16,00 to 16.15 hours] IX. Shri Gurapada Sen Gupta, Calcutta. [16.15 to 16.30 hours]

4. A verbatim record of evidence was kejft. / 5. The Committee then considered their future programme of work and decided to hold sittings at Delhi in the second week of July, 1973 to 41 hear further oral evidence of the representatives of various distinguish­ ed individuals, associations, organisations, etc. The members, who desire to suggest the names of any party, etc. for oral evidence, might send their names to the Lok Sabha Secretariat by the 15th June, 1973 so that/ the parties could be addressed in time.

The Committee authorised the Chairman to fix the dates of sittings of the Committee and also to select parties to be called for oral evidence •t Delhi.

6. The Committee then adjourned to meet again on Friday at 09.00 hours

V

Fifth sitting

The Committee sat on Friday, the 8th June, 1973 from 09.00 to 13.00 hours and again from 15.00 to 17.45 hours in Council Chamber, Legisla­ tive Assembly Building, Calcutta.

PRESENT Shri H. N. Mukerjee— (in the Chair) “

* * Members 1 Lok Sabha 1 2.Shri Achal Singh 3. Shri Dharmarao Sharanappa Afzalpurkar 4. Shri Virendra Agarwala 5. Shri S. C. Besra v 6. Shri Samar Guha ■ 7. Shri B. R. Kavade 8. Shri E. R. Krishnan 9. Shri Kumar Majhi ' ' ' 10. Shri Siaroj Mukherjee 11. Shri Narain Chand Parashar 12. Shri Natwarlal Patel 13. Shri P. Antony Reddi ' 14. Shri S. A Shamira Rajya Sabha 15. Shri Pramatha Nath Bisi lft. Dr. Raj at Kumar Chakrabarti 17. Shri Mahabir Dass 18. Shri Niren Ghosh 19. Shri Rattan Lai Jain 20. Shri Patil Puttappa 21. Shri Sanat Kumar Raha L e g is l a t iv e C o u n s e l Shri S. Harihara Iyer—Joint Secretary and Legislative Counsel.

R epresentatives o p t h e M i n i s t r y o f E d u c a t io n a n d S o c ia l W e l f a r e (D e p a r t m e n t o f C u l t u r e ) 1. Shri Mohan M\ikerji—Additional Secretary. , 2. Shri P. Somasekharan—Deputy Secretary. 3. Shri A. S. Talwar—Under Secretary. 4. Shri A. B. Sen Gupta—Acting Librarian, National Library, Calcutta.

S e c r e t a r ia t ' Shri H. G. Paranjpe—Deputy Secretary.

2. In the absence of the Chairman, Shri H. N. Mukerjee was elected as the Chairman for the sitting under Rule 258(3) of the Rules of Pro­ cedure and Conduct of Business in Lok Sabha.

3. The Committee heard evidence of the Associations, Organisations, etc. mentioned below: [In the beginning, the Chairman drew the attention of the repre­ sentatives to the provisions of Direction 58 of the Directions by the Speaker]

I. Indian Association of Special Libraries and Information Centres. Calcutta. • Spokesmen: 1. Dr. B. Mukerji 2. Shri P. B. Roy 3. Shri C. V. Subha Rao 4. Shri Souren Ganguli > [09.00 to 10.15 hours] II. Shri B. K. Daw, Advocate, Calcutta. [10.15 to 10.40 hours] • m . Shri Biman Basu, Students’ Federation of- India, Calcutta. [10.40 to 11.10 hours] TV. Shri N. K. Sinha, Retd. Professor of History, Calcutta. [11.10 to 11.50 hours] V. Shri S. K. Gupta, I.C.S. (Retd.). [11.50 to 13.00 hours] [The Committee adjourned for lunch at 13.00 hours and reassembl­ ed at 15.00 hours]. VI. Shri Chinmohan Sehanavis, Calcutta. [15.00 to 15.25 hours] VII. Shri Narahari Kaviraj, Calcutta. [15.25 to 16.00 hours] VIII Shri Nirmalaya Bagchi, Calcutta, [16.00 to 16.30 hours] 43 I

EX. Shri Satyapriya Roy, President, All Bengal Teachers’ Associa­ tion, Calcutta. ' [16.30 to 16.50 hours] X. Prof. Jyoti Bhattacharji, Calcutta. [16.50 to 17.20 hours] XI. Bengal Library Association, Calcutta (Further evidence) Spokesmen : 1. Shri B. P. Mookerjee 2. Shri P. Roychaudhury 3. Shri S. Banerjee 4. Shri B. Banerjee [17.20 to 17.40 hours] 4. A verbatim record of evidence was kept. 5. The Committee then placed on record their warm appreciation of the Valuable assistance rendered to them by the Secretary, West Bengal Legislative Assembly, their Reporters and other members of the staff in holding of their sittings in the Council Chamber.

6. The Committee also placed on record their warm appreciation of the valuable assistance rendered to them by the State Government, offi­ cers of the Ministry of Education and Social Welfare (Department of Culture) and National Library, Calcutta in holding the sittings. They spared no pains in making the stay of the members of the Committee at Calcutta comfortable. c 7. THe Committee then adjourned.

VI ' Sixth sitting The Committee sat on Monday, the 16th July, 1973 from 15.00 to 17.45 hours. PRESENT Shri Amamath Vidyalankar—Chairman, n

' M e m b k b s Lok Sabha 2. Shri Achal Singh 3. Shri Virendra Agarwala 4. Shri Shrikrishna Agarwal 5. Shri S. C. Besra 6. Shri K. Gopal 7. Shri B. R. Kavadfe 8. Shri E. R. Krishnan ' 9. Shri Y. S. Mahajan 10. Shri Narain Chand Parashar 11. Shri Natwarlal Patel 44

12. Shri P. Antony Reddi ; 13. Shri S. A. Shamim ■ 14. Shri Rajaram Shastri .

Rajya Sabha 15. Shri Pramatha Nath Bisi 16. Shri Mahabir Dass 17. Shri Niren Ghosh ‘ 18. Shri N. G. Goray 19. Prof. S. Nurul Hasan • ' 20. Shri Sanat Kumar Raha

L e g is l a t iv e C o u n s e l 1. Shri S. Harihara Iyer—Joint Secretary and Legislative Counsel, 2. Shri R. N. Shinghal—Assistant Legislative Counsel,

R epresentatives o f t h e M i n i s t r y o f E d u c a t io n a n d S o c i a l W e l f a m s (D e p a r t m e n t o f C u l t u r e ) 1. Shri Mohan Mukerji—Additional Secretary. 2. Shri P. Somasekharan—Deputy Secretary. 3. Shri A. S. Talwar—Under Secretary.

S e c r e t a r ia t ; Shri H. G. Paranjpe—Deputy Secretary.

2. The Committee heard evidence of the Association, individuals, etc., mentioned below:— [In the beginning the Chairman drew the attention of the represen­ tatives to the provisions of Direction 58 of the Directions by the Speaker.] I. Dr. S. N. Prasad, Director of Archives, Government of India, Janpath, New Delhi. [15.00 to 16.00 hours]

II. INDIAN LIBRARY ASSOCIANTION, DELHI. Spokesmen: 1. Shri B. L. Bharadwaja r 2. Shri Gumam Singh 3. Shri O. P. Trikha. [16.00- to 16.45 hours]

III. Shri Hakam Singh, Librarian, Punjab University, Patiala. [16.45 to 17.45 hours]

3. A verbatim record of evidence was kept.

4. The Committee then adjourned to meet again on Tuesday, the 17th July, 1973 at 15JOO hours. h I*. 43

VI I Seventh sitting ^ The Committee sat on Tuesday, the 17th July, 1973 from 15.00 to 16.30

PRESENT Shri Amarnath Vidyalankar—Chairman.

M embers Lok Sabha 2. Shri Achal Singh 3. Shri Virendra Agarwala 4. Shri Shrikrisjhna Agarwal 5. Shri S. C. Besra , 6. Shri Biren Engti ' 7. Shri E. R. Krishnan 8. Shri Y. S. Mahajan / 9. Shri Kumar Majhi 10. Shri H N. Mukerjee 11. Shri Narain Chand Parashar 12. Shri P. Antony Reddi 13. Shri Sakti Kumar Sarkar 14. Shri S. A. Shamim 15. Shri Rajaram Shastri N

Rajya Sabha

Id. Shri Pramatha Nath Bisi 17. Shri Mahabir Dass 18. Shri Niren Ghosh 19. Prof. S. Nurul Hasan 20. Shri Shyam Dhar Misra 21. Shri Sanat Kumar Raha 22. Dr. V. B. Singh

L e g i s l a t i v e C o u n s e l 1. Shrf S. Harihara Iyer—Joint Secretary and Legislative Counsel. 2. Shri R. N. Shinghal—Assistant Legislative Counsel.

R epresentatives o f t h e M i n i s t r y o f E d u c a t io n a n d S o c ia l W e l f a r e (D e p a r t m e n t o f C u l t u r e ) 1. Shri Mohan Mukerji—Additional Secretary. 2. Shri P. Somasekharan—Deputy Secretary, 3. Shri A. S. Talwar—Under Secretary.

S e c r e t a r ia t Shri H. G. Paranjpe—Deputy Secretary. 0

2. The Committee heard evidence of the individuals mentioned below:— ' [In the beginning the Chairman drew the attention of the witnesses to the provisions of Direction 58 of the Directions by the Speaker.] I. Shri Sadhan Mukherji, C|o New Age Printing Press, New Delhi. [15.00 to 16.00 hours] II. Shri S. R. Bharatya, Organising Secretary & Director, Chlntamani Memorial Library, Allahabad-3. [16.00 to 16.3)0 hours] 3. A verbatim record of evidence was kept. 4. The Committee then adjourned to meet again on Wednesday, the 18th July, 1973 at 15.00 hours.

VIII Eighth sitting The Committee sat on Wednesday, the 18th July, 1978' from 15.00 to 17.40 hours. PRESENT Shri Amarnath Vidyalankar—Chairman.

M e m b e r s ' Lok Sabha 2. Shri Achal Singh 3. Shri Virendra Agarwala 4. Shri S. C. Besra 5. Shri Biren Engti 6. Shri B. R. Kavade 7. Shri E. R. Krishnan 8. Shri H. N. Mukerjee 9. Shri Tuna Oraon 10. Shri Narain Chand Parashar 11. Shri Sakti Kumar Sarkar 12. Shri Rajaram Shastri 13. Shri Somchand Solanki 14. Shri Shrikrishna Agarwal Rajya Sabha 15. Shrimati Sushila Shankar Adivarekar . 16. Shri Mahabir Dass 17. Shri Niren Ghosh ., 18. Shri Shyam Dhar Misra 19. Shri Patil Puttappa 20. Shri Sanat Kumar Raha 21. Dr. V. B. Singh.

L egislative Counsel Shri R. N. Shinghal—Assistant Legislative Counsel. 47

R epresentatives of the Ministry of Education and Social W elfare i (Department of Culture) 1. Shri Mohan Mukerji—Additional Secretary. 2. Shri P. Somasekharan—Deputy ^Secretary, 3. Shri A. S. Talwar—Under Secretary.

Secretariat * Shri H. G. Paranjpe—Deputy Secretary. 2.. Shri Arvind Netam, Deputy Minister of Education and Social Welfare and in the Department of Culture, who was not a member of the Committee, attended the sitting with the permission of the Chairman in terms of proviso to Rule 299 of the Rules of Procedure and Conduct of Business in Lok Sabha. 3. The Committee heard evidence of the two individuals mentioned below: — [In the beginning, the Chairman drew their attention to the provi­ sions of Direction 58 of the Directions by the Speaker.] I. Shri J. C. Mehta, Director, Delhi Public Library, DelBi. [15.00 to 16.20 hours] II. Shri Asoke Chatterjee, Member, Delhi Metropqlitan Council, Delhi. [16.30 to 17.30 hours]

4. A verbatim record of evidence was kept.

5. The Committee then considered their future programme of work. The Committee decided that, in order to acquaint themselves with the working of some of the major libraries in the country, they might visit Madras, Hyderabad and Bombay | poona during the period from 24th to 29th September, 1973 subject to availability of accommodation. They also decided to visit the National Archives of India, New Delhi and Delhi Public Library, Delhi on Saturday, the 18th August, 1973. 6. The Committee then adjourned.

IX Ninth sitting The Committee sat on Wednesday, the 5th September, 1973 from 10.00 to 10.50 hours. PRESENT Shri Amarnath Vidyalankar—Chairman.

Members ' Lok Sabha 2. Shri Achal Singh 3. Shri Virendra Agarwala 4. Shri Panna Lai Barupal 5. Shri S. C. Besra 6. Shri Biren Engti 48

7. Shri Samar Guha 8. Shri B. R. Kavade 9. Shri E. R. Krishnan • 10. Shri Kumar Majhi 11. Shri Saroj Mukherjee 12. Shri Narain Chand Parashar 13. Shri Natwarlal Patel 14. Shri P. Antony Reddi 15. Shri Sakti Kumar Sarkar 16. Shri S. A. Shamim 17. Shri Rajaram Shastri 18. Shri Somchand Solanki r Rajya Sabha 19. Shri Pramatha Nath Bisi 20. Shri Mahabir Dass 21. Shri Niren Ghosh 22. Shri Shyam Dhar Misra 23. Shri A. K. Refaye 24. Shri Sanat Kumar Raha.

Legislative Counsel 1. Shri S. Harihara Iyer—Joint Secretary and Legislative Counsel. 2. Shri R. N. Shinghal—Assistant Legislative Counsel. '

R epresentatives of the M inistry of Education and Social W elfare (Department of Culture ) 1. Shri Mohan Mukerji—Additional Secretary. 2. Shri K. K. Baksi—Deputy Secretary. 3. Shri A. S. Talwar—Under Secretary.

Secretariat Shri H. G. Paranjpe—Deputy Secretary. 2. Shri Arvind Netam, Deputy Minister in the Ministry of Education and Social Welfare and in the Department of Culture, who is not a member of the Joint Committee, attended the sitting with the permission of Chairman under Rule 299 of the Rules of Procedure and Conduct of Business in Lok Sabha. 3. The Committee took up reconsideration of their earlier decision to hold sittings at Bombay. Poona, Madras and Hyderabad to hear oral evidence on the provisions of the Bill and also to visit certain libraries. The Chairman apprised the Committee that, in view of the austerity measures and in deference to the advice of the Hon’ble Speaker, he had curtailed the programme to a visit to Bombay and Poona only. The Chairman further suggested that in view of the recent appeal endorsed in the meeting of the Chairmen of various Committees, to avoid non­ essential expenditure, the Committee might consider the advisability of further curtailing the visit to Bombay and Poona as well. The Committee members expressed their views, and Committee 49

was almost unanimous of the view that Bombay and Poona visits ought not to be curtailed. The Poona visit, they specially considered as most crucial in view of some of the views expressed before the Committee earlier. The Committee, accordingly, approved their programme of sit­ tings, etc., at Bombay and Poona from 26th to 30th September, 1973. 4. The Committee then adjourned.

X Tenth sitting The Committee sat on Wednesday, the 26th September, 1973 from 15.00 hours to 18.10 hours in Committee Room, 6th Floor, Sachivalaya, Bombay.

PRESENT Shri Amarnath Vidyalankar—Chairman.

Members Lok Sabha 2. Shri Achal Singh ' 3. Shri Virendra Agarwala 4. Shri Shrikrishna Agarwal 5. Shri Pannalal Barupal 6. Shri S. C. Besra 7. Shri Samar Guha 8. Shri B. R. Kavade 9. Shri E. R. Krishnan 10. Shri Y. S. Mahajan 11. Shri Saroj Mukherjee ’ 12. Shri Narain Chand Parashar 13. Shri Ramubhai Ravjibhai Patel 14. Shri S. A. Shamim 15. Shri K. P. Unnikrishnan 16. Shri D. P. Yadav Rajya Sabha 17. Shrimati Sushila Shankar Adivarekar 18. Dr. Raj at Kumar Chakrabarti 19. Shrimati Maragatham Chandrasekhar 20. Shri Mahabir Dass 21. Shri N. G. Goray 22. Shri Sanat Kumar Raha. R epresentatives of the Ministry of Education and Social W elfare (Department of Culture ) 1. Shri K. K. Baksi—Deputy Secretary. 2 Shri A. S. Talwar—Under Secretary. 50

Sec retariat Shri H. G. Paranjpe—Deputy Secretary. 2. The Committee heard evidence of the Association, individuals, etc., mentioned below:---- [In the beginning, the Chairman drew the attention of the represen­ tatives to the provisions of Direction 58 of the Directions by the Speaker.] I. Dr. A. U. Sheikh, Secretary, Education Department Govern­ ment of Maharashtra, Bombay. [15.00 to 16.15 hours] II. Asiatic Society of Bombay, Town Hall, Bombay. Spokesmen: 1. Shri Ajit Kumar Banerjee 2. Shri S. M. Joshi. [16.15 to 16.40 hours] III. Shri S. K. Havanur, Librarian, Tata Institute pi Fundamental Research, Bombay. [16.40 to 17.10 hours] IV. Dr. M. B. Buch, Head, Centre of Advanced Study in Education, Baroda. * [17.10 to 17.25 hours] V. Shri T. D. Waknis, ex-Curator, Librarian, Maharashtra, Bombay. [17.25 to 17.50 hours] VI. Shrimati Hansa Mehta, Advocate Bombay. [17.50 to 18.10 hours] 3. A verbatim record of evidence was kept. 4. The Committee then adjourned to meet again on Thursday, the 27th September, 1973 at 15.00 hours.

XI Eleventh sitting The Committee sat on. Thursday, the 27th September, 1973 from 14.30 to 17.15 hours in Committee Room, 6th Floor, Sachivalaya, Bombay. PRESENT Shri Amamath Vidyalankar—Chairman

M embers Lok Sabha 2. Shri Achal Singh 3. Shri Dharmarao Sharanappa Afzalpurkar 4. Shri Virendra Agarwala 5. Shri Shrikrishna Agarwal 6. Shri Pannalal Berupal 7. Shri S. C. Besra 8. Shri Samar Guha 51

9. Shri E. R. Krishnan 10. Shri Y. S. Mahajan 11. Shri Saroj Mukherjee 12. Shri Sakti Kumar Sarkar 13. Shri Narain Chand Parashar 14. Shri S. A. Shamim 15. Shri Rajaram Shastri 16. Shri K. P. Unnikrishnan 17. Shri D. P. Yadav Rajya Sabha 18. Shrimati Sushila Shankar Adivarekar 19. Dr. Rajat Kumar Chakrabarti 20. Shrimati Maragatham Chandrasekhar 21. Shri Mahabir Dass 22. Shri Rattan Lai Jain 23. Prof. Rasheeduddin Khan 24. Shri Patil Puttappa 25. Shri Sanat Kumar Raha

R epresentatives iof t h e M in i s t r y o f E d u c a t io n a n d S o c ia l W e l f a r e (D e p a r t m e n t o f C u l t u r e ) 1. Shri K. K. Baksi—Deputy Secretary. 2. Shri A. S. Talwar—Under Secretary.

S e c r e t a r ia t Shri H. G. Paranjpe—Deputy Secretary. 2. The Committee heard evidence of the individuals, etc. mentioned below: — [In the beginning, the Chairman drew the attention of the individuals, etc. to the provisions of Direction 58 of the Directions by the Speaker.] I. Dr. P. K. Kelkar, Director, I.I.T. Bombay. [14.40 to 15.20 hours] II. Air Vice-Marshal M. B. Naik, Commandant, National Defence Academy, Poona. [15.25 to 15.40 hours] III. Shri K. D. Puranik, Director of Libraries, Government of Maha>- rashtra, Bombay. [15.40 to 16.20 hours] IV. Shri V. V. Bhat, Maharashtra State Library Association, Bombay. [16.20 to 16.25 hours] V. Prof. (Miss) A. Dastur, Department of Civics and Politics, Uni­ versity of Bombay, Bombay. [16.25 to 16.50 hours] 3. A verbatim record of evidence was kept. 4 The Committee then considered their future programme of work a n d decided to hold sittings at Delhi on the 6th and 7th November, 1973 52

from 10.30 to 13.00 hours daily to take up clause-by-clause consideration of the Bill.

5. The Committee also decided that the notices of Government amend­ ments, if any, to the Bill might be sent to the Lok Sabha Secretariat by the 20th October, 1973 and the Members might send their notices of amendments, if any, by the 30th October, 1973.

6. The Committee further decided that: — (i) Evidence given before the Committee be laid on the Table of both Houses; *uid (ii) two copies o the memoranda received by the Committee from various Associations, Organisations, etc. be placed in the Par­ liament Library, after the Report had been presented for reference by Members of Parliament.

7. The Committee, thereafter, passed the following resolution: “The Committee place on record their appreciation of valuable assistance rendered to them by the Secretary, Maharashtra Legislature in holding their sittings in the Committee Room, Sachivalaya, Bombay. The Committee also place on record their appreciation of the valu­ able assistance rendered to them by the Chief Secretary, Maharashtra Government, Secretary, Building and Communi­ cation Department, Officers of the Ministry of Education and Social Welfare (Department of Culture) and other officers in holding their sittings. They spare no pains in making the stay of the members of the Committee at Bombay comfortable.”

8. The Committee then adjourned.

xn Twelfth sitting The Committee sat on Tuesday, the 6th November, 1973 from 10.30 to 10.45 hours. PRESENT Shri Amarnath Vidyalankar—Chairman

M e m b e r s , Lok Sabha m 2. Shri Achal Singh 3. Shri Virendra Agarwala 4. Shri S. C. Besra 5. Shri Samar Guha 6. Shri E. R. Krishnan 7. Shri H. N. Mukerjee 8. Shri Narain Chand Parashar 9. Shri Ramubhai Ravjibhai Patel 10. Shri P. Antony Reddi 53

11. Shri Sakti Kumar Sarkar 12. Shri S. A. Shamim 13. Shri Rajaram Shastri 14. Shri Somchand Solanki 15. Shri D. P. Yadav Rajya Sabha 16. Shrimati Sushila Shankar Adivarekar 17. Shri Mahabir Dass 18. Shri N. G. Goray 19. Prof. S. Nurul Hasan 20. Shri Sanat Kumar Raha

L e g is l a t iv e C o u n s e l 1. Shri S. Harihara Iyer, Joint Secretary and Legislative Counsel. 2. Shri R. N. Shinghal, Assistant Legislative Counsel.

R epresentatives o f th e M i n is t r y o f E d u c a t io n a n d S o c ia l W e l f a r e (D e p a r t m e n t o f C u l t u r e ) 1. Shri Mohan Mukerji, Addi tional Secretary. 2. Shri K. K. Baksi, Deputy Secretary. 3. Shri A. S. Talwar, Under Secretary*. 4.. Shri B. Banerji Chowdhury, Librarian, National Library /Calcutta.

S e c r e t a r ia t Shri H. G. Paranjpe—Deputy Secretary.

2. The Committee mourned the death of Shri Dharamrao Sharanappa Afzalpurkar, M.P., a member of the Committee and passed the following condolence resolution: “The Committee place on record their profound sense of sorrow over the sudden Remise on the 10th October, 1973 of their most esteemed colleague, Shri Dharamrao Sharanappa Afzalpurkar, a member of the Committee and send their heartfelt condo­ lences to members of the breaved family.” Thereafter, the Members stood in silence for a short while as a mark of respect to the deceased. 3. The Committee then adjourned to meet on Wednesday, the 7th November, 1973 at 11.00 hours.

XIII Thirteenth sitting ‘^The Committee sat on Wednesday, the 7th November, 1973 from 11.00 to 12.30 hours. ' PRESENT Shri Amarnath Vidyalankar—Chairman

M e m b e r s Lok Sabha 2. Shri Achal Singh

N 5 4

3. Shri Virendra Agarwala 4. Shri Shrikrishna Agarwal 5. Shri S. C. Besra . 6. Shri Samar Guha 7. Shri E. R. Krishnan 8. Shri H. N. Mukerjee 9. Shri Narain Chand Parashar N 10. Shri P. Antony Reddi 11. Shri Sakti Kumar Sarkar 12. Shri S. A. Shamim 13. Shri Rajaram Shastri 14. Shri Somchand Solanki 15. Shri K. P. Unnikrishnan 16. Shri D. P. Yadav Rajya Sabha 17. Shrimati Sushila Shankar Artivarekar 18. Shri Mahabir Dass ' 19. Shri N. G. Goray 20. Prof. S. Nurul Hasan 21. Shri Rattan Lai Jain 22. Shri Sanat Kumar Raha ^ ,

L e g is l a t iv e C o u n s e l 1. Shri S. Harihara Iyer, JointSecretary and Legislative Counsel. 2. Shri R. N. Shinghal, Assistant Legislative Counsel.

R epresentatives o f t h e M i n i s t r y o f E d u c a t io n a n d S o c ia l W e l f a r e (D e p a r t m e n t o f C u l t u r e ) 1. Shri Mohan Mukerji, Additional Secretary. 2. Shri K. K. Baksi, Deputy Secretary. 3. Shri A. S. Talwar, Under Secretary. 4. Shri B. Banerji Chowdhury, Libraran, National Library, Calcutta.

S e c r e t a r ia t S h r i H. G. Paranjpe—Deputy Secretary.

2. At the outset, the Chairman stated that some members of the Com­ mittee had requested for the postponement of the clause-by-clause con­ sideration of the Bill as an opportunity had not been given to them to exchange their views on the provisions of the Bill. Itwas pointed outthat the Joint Committee had elicited opinions on the provisions of Bill and also heard evidence of some of the associations, organisations, etc. at their sittings held at Calcutta, New Delhi and Bombay. About half of the associations and individuals, etc. who had submitted memorandum on the Bill, particularly who gave evidence at Calcutta, were generally opposed to the idea of autonomous status for the National Library, Cal­ cutta, as envisaged in the Bill. The Chairman further stated, that some members had met him yesterday evening and emphatically desired that 95 with a view not to make the Bill too controversial, more time and oppor­ tunity should be granted for consideration. In view of the above, the Chairman suggested that the Hon. Minister might desire to express his views on the matter, as the Chairman felt inclined on his part to recom­ mend that the views of the members who wanted extension of time deserved serious thought and consideration.

3. The Minister for Education, Social Welfare and Culture stated that, giving due regard to the opidion of the members, he was prepared to agree to the proposal for the postponement of clause-by-clause con* sideration of the Bill at this stage. He agreed it would facilitate exami­ nation in depth of the various suggestions and proposals concerning the Bill placed before the Committee. He informed the Committee that, in the meantime, Government had initiated steps to have a Director for the Library appointed as early as possible through the Union Public Service Commission and a Committee of Management had also started function­ ing to advise and assist the Government in matters relating to the func­ tioning of th® National Library, Calcutta.

4. At this stage, the Chairman invited the views of the Members. After the members had expressed their respective views, the Committee in the light of members’ opinions decided to seek another extension of time for presentation of their Report upto the last day of the Monsoon Session of 1974.

5. The Committee authorised the Chairman and, in his absence, Shri H. N. Mukerjee to move the necessary motion in the House on the 15th November, 1973. 6. The Committee also authorised the Chairman to fix the dates for the next round of sitting of the Committee. 7. The Committee then adjourned.

XIV Fourteenth sitting The Committee sat on Thursday, the 20th December, 1973 from 15.00 to 15.40 hours. PRESENT Shri Amarnath Vidyalankar—Chairman

M e m b e r s Lok Sabha 2. Shri Achal Singh 3. Shri A. K. Kotrashetti 4. Shri S. C. Besra 5. Shri Biren Engti 6. Shri Samar Guha 7. Shri B. R. Kavade 8. Shri H. N. Mukerjee 9. Shri Tuna Oraon 10. Shri Natwarlal Patel :i .. v , 11. Shri P. Antony Reddi ' ' 1 12. Shri P. Ganga Reddy 13. Shri Sakti Kumar Sarkar 14. Shri D. P. Yadav Rajya Sabha , • 15. Shri Mahabir Dass . * ■ • * • ' 16. Shri N. G. Goray * 17. Shri Shyam Dhar Misra

L e g is l a t iv e C o u n s e l 1. Shri S. Harihara Iyer, Joint Secretary and Legislative Counsel. 2. Shri It. N. Shinghal, Assistant Legislative Counsel.

R epresentatives o r t h e M i n i s t r y o r E d u c a t io n a n d S o c ia l W e l f a r e (D e p a r t m e n t o f C u l t u r e ) 1. Shri K. K. Baksi—Deputy Secretary. 2. Shri A. S. Talwar—Deputy Secretary. 1

S e c r e t a r i a t - ’ Shri H. G. Paranjpe—Deputy Secretary.

2. The Committee considered their future programme of work. After some discussion, the Committee authorised the Chairman to fix the dates for next sittings of the Committee after' taking into consideration the convenience of the Minister of Education, Social Welfare and Culture in this regard. v 3. The Committee then adjourned.

XV Fifteenth sitting The Committee sat on Wednesday, the 30th January, 1974 from 15.00 to 17.00 hours. PRESENT Shri Amarnath Vidyalankar—Chairman

M e m b e r s Lok Sabha 2. Shri Achal Singh 3„ Shri Shrikrishna AgarWal 4. Shri Panna Lai Barupal 5. Shri K. Gopal 6. Shri Samar Guha 7. Shri B. R. Kavade 8. Shri E. R. Krishnan 9. Shri Y. S. Mahajan 10. Shri H. N. Mukerjee 11. Shri Saroj Mukherjee 5 ?

12. Shri Tuna Oraon ( i 13. Shri Narain Ohand Parashar 14. Shri P. Antony Reddi * \i 15. Shri S. A. Shamim " r> 16. Shri Rajaram Shastri j 17. Shri Somchand Solanki ( 18. Shri D. P. Yadav ' ‘ Rajya Sabha 19. Shrimati Sushila Shankar Adivarekar ; 20. Shri Pramatha Nath Bisi , ( ^ 21. Dr. Rajat Kumar Chakrabarti , ’ • * 22. Shri Mahabir Dass t 23. Shri N. G. Goray .. 9 24. Prof. S. Nurul Hasan j 25. Shri Rattan Lai Jain 26. Prof. Rasheeduddin Khan 27. Shri Shyam Dhar Misra t 28. Shri Patil Puttappa f ^ 29. Shri A. K. Refaye 30. Shri Sanat Kumar Raha

Legislative Counsel 1. Shri S. Harihara Iyer—Joint Secretary and Legislative Counsel. 2. Shri R. N. Shanghai—Assistant Legislative Counsel. Representatives of the Ministry of Education an* Social Welfare (Department of Culture) } 1. Shri Mohan Mukerji—Additional Secretary. »-t 2. Shri K. K. Baksi—Deputy Secretary. 3. Shri A. S, Talwar—Deputy Secretary. 4. Shri B. Banerji Chowdhury, Librarian, National Library, Calcutta.

Secretariat Shri H. G. Paranjpe—Deputy Secretary. 2. The Committee helri general discussion on the various points raised in the memoranda submitted to the Committee and also during the course of evidence before the Committee. The discussion was not concluded. 3. The Committee adjourned at 17.00 hours to meet again on Thurs­ day, the 31st January, 1974 at 15.00 hours. ,

, . XVI Sixteenth sitting The Committee sat on Thursday, the 31st January, 1974 from 15.00 to 17.00 hours. x PRESENT Shri Amarnath Vidyalankar—Chairman , M 5»

-1 Members '• Ii Lok Sabha . 2. Shri Achal Singh . . 1 3. Shri Shrikrishna Agarwal , 4. Shri Panna Lai Barupal 5. Shri S. C. Besra 6. Shri Biren Engti 7. Shri K. Gopal 8. Shri £. R. Krishnan 9. Shri Y. S. Mahajan 10. Shri H. N. Mukerjee 11. Shri Saroj Mukherjee 12. Shri Tuna Oraon 13. Shri Natwarlal Patel 14. Shri P. Antony Reddi 15. Shri S. A. Shamim 16. Shri Rajaram Shastri 17. Shri Somchand Solanki 18. Shri D. P. Yadav Rajya Sabha 19. Shrimati Sushila Shankar Adivarekar 20. Dr. Rajat Kiunar Chakrabarti 21. Shrimati Maragatham Chandrasekhar 22. Shri Mahabir Dass 23. Shri N. G. Goray 24. Prof. Rasheeduddin Khan 25. Shri Shyam Dhar Misra 26. Shri Patil Puttappa 27. Shri A. K. Refaye _ 28. Shri Sanat Kumar Raha . 29. Dr. V. B. Singh L egislative Counsel ■ ' 1. Shri S. Harihara Iyer—Joint Secretary and Legislative Counsel. 2. Shri R. N. Shinghal—Assistant Legislative Counsel.

R epresentatives of the M inistry of Education and Social W elfare (D epartment of Culture ) 1. Shri Mohan ;Mukerji—Additional Secretary. 2. Shri K. K. Baksi—Deputy Secretary. 3. Shri A. S. Talwar—Deputy Secretary. / 4. Shri Banerji Chowdhury—Librarian, National Library, Calcutta. Secretariat Shri H. G. Paranjpe—Deputy Secretary. 2. The Committee resumed general discussion on the various points raised in the memoranda submitted to the Committee and also during tar^*is4,“ »• «»• d Jd“^ r w?^nt“ ered lhCir 'Ut",'e pr°gramme 0f WOrk (i) last date for receipt Monday, the 11th March 1974. of Government amend- ’ ’ ments. , (ii) last date for receipt Friday, the 29th March, 1974. of amendments from Members. ------(iii) Clause-by-clause consi- From Monday, the 22nd to Wed- deration of the Bill. nesday, the 24th April, 1974. 4. The Committee then adjourned.

, XVII Seventeenth suiting The Committee sat on Monday, the 22nd April, 1974 from 15 00 1 15.40 hours. PRESENT Shri Amarnath Vidyalankar—Cha.irmun

M embers - rt< - . • 1 , Lok Sabha , 2. Shri Natwarlal Patel ; 3. Shri P. Antony Reddi 4. Shri D. P. Yadav : • * Rajya Sabha 5. Shrimati Sushila Shankar Adivarekar . • * i . « * . 6. Dr. Rajat Kumar Chakrabarti . * •, *- •* 7. Shri N. G. Goray ; 8. Prof. S. Nurul Hasan ' ' , > : J ' 9. Shri Sanat Kumar Raha * ; ■ ■

L egislative Counsel 1. Shri S. Harihara Iyer—Joint Secretary and Legislative Counsel. 2. Shri R. N. Shinghal—Assistant Legislative Cfounsel.

Representatives of the Ministry of Education and Social W elfare (D epartment of Culture ) 1. Shri K. K. Bakhi—Deputy Secretary. 2. Shri B. Banerji Chowdhury—Librarian, National Library, Calcutta

Secretariat Shri H. G. Paranjpe—Deputy Secretary. 2. The Committee adjourned for want of quorum. 3. The Ch^rman announced that the next sitting of the Committee might be held on Tuesday, the 7th May, 1974 at 15.00hours. ------I 6o

XVIH Eighteenth sitting / The Committee sat on Tuesday, the 7th, May, 1974 from 15.00 to 15.40- hours. PRESENT Shri Amamath Vidyalankar—Chairman.

M embers Lok Sabha 2. Shri Achal Singh ' 3. Shri Panna Lai Barupal ; 4. Shri Biren Engti 5. Shri K. Gopal 6. Shri Samar Guha 7. Shri B. R. Kavade 8. Shri H. N. Mukerjee 9. Shri P. Antony Reddi 10. Shri Sakti Kumar Sarkar 11. Shri Rajaram Shastri . 12. Shri D. P. Yadav Rajya Sabha 13. Shri Pramatha Nath Bisi 14. Dr. Rajat Kumar Chakrabarti 15. Prof. S. Nurul Hasan 16. Shri Sanat Kumar Raha

L egislative Counsel Shri S. Harihara Iyer—Joint Secretary and Legislative Counsel.

R epresentatives of the Ministry of Education and Social W elfare (D epartment of Culture ) 1. Shri Mohan Mukerjee—Additional Secretary. j 2. Shri K. K. Baksi—Deputy Secretary. ^ , 3. Shri A. S. Talwar—Deputy Secretary. .

Secretariat • Shri H. G. Paranjpe—Deputy Secretary. 2. At the outset, the Committee decided that the Members might send their notices of amendments to the Bill, if any, to the Lok Sabha Secre­ tariat by Friday, the 31st May, 1974. The Committee then decided to take up clause-by-clause consideration of the Bill at their sittings to be held from Monday, the 24th to Wednesday, the 26th June, 1974 and, if necessary, the Committee might also sit on Thursday, the 27th June, 1974. 3. As it was not possible for the Committee to complete its work within the stipulated period, the Committee decided to seek further extension of time for presentation of their Report upto the last day of the flr»t week of the next session of Lok Sabha. ' hi i t I t ^ ® Committee authorised the Chairman and, in his absence, Shri ’ Multer]ee to move the motion in the House op the 10th May, 1974. 5. The Committee then adjourned.

XIX Nineteenth sitting The Committee sat on Monday, the 24th June, 1974 from 15.00 to 17.00 hours. PRESENT Shri Amarnath Vidyalankar—Chairman

M e m b e r s Lok Sabha . 2. Shri Achal Singh : 3. Shri Virendra Agarwala 4. Shri Biren Engti 5. Shri K. Gopal , 6. Shri Samar Guha 7. Shri B. R. Kavade 8. Shri Kumar Majhi 9. Shri H. N. Mukerjee 10. Shri Tuna Oraon 11. Shri Natwarlal Patel ■ 12. Shri P. Ganga Reddy 13. Shri Sakti Kumar Sarkar 14. Shri S. A. Shamim , 15. Shri Rajaram Shastri. 16. Shri D. P. Yadav Rajya Sabha 17. Shrimati Sushila Shankar Adivarekar 18. Dr. Rajat Kumar Chakrabarti 19. Shrimati Maragatham Chandrasekhar 20. Shri N. G. Goray 21. Prof. S. Nurul Hasan 22. Shri Shamlal Gupta 23. Dr. Ramkripal Sinha 24. Shri A. K. Refaye 25. Shri Sanat Kumar Raha 26. Dr. V. B. Singh

Legislative Counsel 1. Shri S. Harihara Iyer—Joint Secretary and Legislative Counsel. 2. Shri K. M. Sarkar—Assistant Legislative Counsel.

R epresentatives of the Ministry of Education and Social W elfare (Department of Culture ) 1. Shri Mohan Mukerjee—Additional Secretary. j 6 2

2. Shri K. K. Baksi—Deputy Secretary. " ' ■ 3. Shri A. S. Talwar—Deputy Secretary. 4. Shri B. Banerji Chowdhury—Librarian, National Library, Cal­ cutta.

S e c r e t a r ia t . Shri K. D. Chatterjee—Under Secretary. 2. The Committee took up clause-by-clause consideration of the Bill. 3. Clause 2.—Consideration of Jhis clause was held over. . 4. Clause 3.—I. The following amendment was accepted. • • Page 2, for lines 16 to 20, substitute ’ ’ 1 “ (3) Notwithstanding anything contained in sub-section (2), the Board shall not, except with the previous approval of the Central Government, sell or otherwise dispose of any manus­ cripts, books, articles or things belonging to the Library, other than articles of furniture, stationery and dead stock of like nature: Provided that where any such manuscripts, books, articles or things donated by any person to the Library are proposed to be sold or otherwise disposed of, no approval under this sub­ section shall be accorded unless the donor or his successor- in-interest, as the case may be has permitted in writing to do so. II. The notices of amendments which were considered and not accept­ ed by the Committee are given in the Annexure. The clause, as amended, was adopted. 5. Clause 4.—The notices of amendments which were considered and not accepted by the Committee are given in the Annexure. Further consideration of the clause was held over. 6. The Committee then decided to sit from 15.00 to 18.00 hours daily from Tuesday, the 25th June, 1974 onwards to take up further clause-by- clause consideration of the Bill. 7. The Committee then adjourned. '

ANNEXURE

List of notices of amendments considered and not accepted at the sitting of the Joint Committee held on the 24th June, 1974

S. No. Name of Member and text of amendment

_ „ ~

Clause 3 SHRI SAN AT KUMAR RAHA: < 1. Page 2, line 19, after “dispose” insert "or transfer or exchange” I 3

SHRI SAMAR GUHA: , , j 2. Page 2, line 20, after “Library” invert “and annual report of the Library shall incorporate eueh fact*."

DR. RAJAT KUMAR CHAKRABARTI: 3. Page 2, after line 20, add ; “ (4) The Board may be authorised to dispose of Library's materials if and only if— (a) the particular item is a duplicate; (b) not earlier than 1900; (c) unfit for use and preservation; Materials which have been gifted to the Library schould not be disposed of (a) without the consent of the donor or his heir and (b) unless it is unfit for preservation.”

Clause 4 SHRI SANAT KUMAR RAH A: 4. In the amendment proposed by Prof. S. Nurul Hasan, after sub-clause (1) (xii), insert “ (xiii) one donor to be nominated by the Central Government for the term of the Board. (xlv) one elected by the employees’ Association of the Calcutta National Library.”

SHRI SAMAR GUHA: I 5. Page 2, for lines 21—39, substitute “4. (1) The Board shall consist of the following members, name­ l y : - (i) a Chairman, who shall be an academician or a person having experience of working as a librarian or director of a library oif a status, as mentioned in the subsequent clauses of Sec­ tion 4, to be elected by the members of the Board. (11) One member of Lok Sabha and one member of Rajya Sabha to be elected by each House, and Librarian of the Parliament Library. (iii) One person, to be nominated by the Government of the State where the Library is located, who be either Secretary or Joint-Secretary of the Educa­ tion Department of the State. (Iv) Eight persons, two belonging to Science, two Humanities, one technology or Engineering, one medicine, one law faculties and one from Library Section, to be nominated by the Uni­ versities, having one member from one University, by rota­ tion in the alphabetical order. (v) Chairman of the U.G.C. (vi) The Chief Librarian Ojf one of the Public Libraries by rota­ tion to be nominated by the Central Government (vii) The head of an institution, dealing with manuscripts; to be nominated by the Central Government. (viii) One person to be nominated by the Indian Library Associa­ tion. (ix) The Director of National Archives of India. * (x) Two persons, not below the rank of Joint Secretary to the Government of India, to be nominated by the Central Gov­ ernment to represent respectively the Ministry or Depart­ ment of the Central Government dealing with matters relat­ ing to the Library and the Ministry of the Central Govern­ ment dealing with Finance; (xi) Hie Director of the Library, as ex-offlcio Member-Secretary of the Board.”

DR RAJAT KUMAR CHAKRABARTI: ft Page 2, for lines 26—59, substitute— “ (c) one distinguished educationist nominated by the President of India; (d) four persons nominated by the Ministry responsible for managing the Library from amongst persons who are distin­ guished educationists or have special knowledge oif, and ex­ perience in, matters relating to the administration of libra­ ries; . (e) eight persons to be appointed by the Ministry concerned on the recommendations of the following bodies'.— (i) Learned Institutions of India, such as, Asiatic Societies, Calcutta and Bombay—2 persons N (ii) Indian Universities and research institutions— 5 persons (by rotations* amongst the universities and research institutions for a term); (iii) Publishers of Books & Journals—1 person (f) one person to be nominated by the Chairman of the Univer­ sity Grants Commission to represent that Commission; (g) two representatives of the employees of the Library to be elected by themselves as per rule laid down for such election; (h) the Director of the Library who shall be Member-Secretary; X a

(i) the Board shall co-opt three persons as Members with all rights and privileges of other members; in nominating these Members the Board should take into account the names of these experts whose association with the Board may be useful • in professional work of the Library.” . ,

SHRI SAKTI KUMAR SARKAR: 7. Page 2. after line 41, insert ** (3) Members of the Board shall be so nominated/elected that there shall be at least four members representing the Scheduled Castes and one member representing the Scheduled Tribe*.”

XX Twentieth sitting The Committee sat on Tuesday, the 25th June, 1974 from 15.00 to 17.50 hours. PRESENT Shri Amarnath Vidyalankar—Chairman

M embers ~ Lok Sabha 2. Shri Achal Singh 3. Shri A. K. Kotrashetti 4. Shri Virendra Agarwala 5. Shri S. C. Besra 6. Shri Biren Engti. 7. Shri Samar Guha 8. Shri B. R. Kavade 9. Shri E. R. Krishnan 10. Shri Kumar Majhi 11. Shri H. N. Mukerjee 12. Shri Tuna Oraon . . 13. Shri P. Ganga Reddy 14. Shri Sakti Kumar Sarkar 15. Shri Rajaram Shastri 16. Shri D. P. Yadav Rajya Sabha 17. Dr. Rajat Kumar Chakrabarti 18. Shrimati Maragatham Chandrasekhar 19. Shri Davwidra Nath Dwivedi 20. Shri N. G. Goray . ji, Pro! S. Nurul Hasan • » M ,

22. Shri Shamlal Gupta 23. Dr. Ramkripal Sinha 24. Shri A. K. Refaye 25. Shri Sanat Kumar Eaha 26. Dr. V. B. Singh

L e g is l a t iv e C o u n s e l 1. Shri S. Harihara Iyer—Joint Secretary & Legislative Counsel, 2. Shri K. M. Sarkar—Assistant Legislative Counsel.

R epresentatives or t h e M i n i s t r y or E d u c a t io n a n d S o c i a l W e l t a m , (D e p a r t m e n t o f C u l t u r e ) 1. Shri Mohan Mukerji—Additional Secretary. 2. Shri K. K. Baksi—Deputy Secretary. 3. Shri A. S. Talwar—Deputy Secretary. 4. Shri B. Banerji Chowdhury—Librarianf National Library, Calcutta.

S e c r e t a r ia t

Shri K. D . Chatterjee—Under Secretary.

2. The Committee took up further clause-by-clause consideration of the Bill.

3. Clause 4.—[vide paragraph 5 of the Minutes dated the 24th June, 1974]—The following amendment was accepted: Page -2, for lines 21—39 substitute—

“Composi­ 4. (1) The Board shall consist of the following members, namely:— tion of the (i) a Chairman, being a person of academic distinction, to be Board. nominated by the Central Government; (ii) three persons to be elected by the Parliament, two from the House of the People by the members of the House of the People and one from the Council of States by the members of the Council of States; (iii) three persons to be nominated by the State Governments by rotation in the alphabetical order; (iv) four persons to be nominated by the universities in India by rotation in the alphabetical order; (v) the Chairman of the University Grants Commission or a member of that Commission to be nominated by the Chairman thereof; (vi) the Chief Librarian, by whatever name called, of one of the public libraries within the meaning of clause (b) of section 2 of the Delivery of Books and Newspapers (Public Libraries) Act, 1954, but not including the National Library, Calcutta, 27 of 1994 by rotation to be nominated by the Central Government; (vii) the Chief Librarian, by whatever name called, of one of the public libraries in India [not being a library referred to in clause (iv)]containing important collections of manuscripts 67

of historical, literary or aesthetic importance, to be nominated by the Central Government;

(viii) one person to be nominated by the Indian Library Association, a Society registered under the Societies Registration Act, 1860;

21 of I860. (ix) the Director, National Archives of India;

(x) eight scholars of repute in different disciplines covering humanities, science, social science, medicine, engineering and technology and law to be nominated by the Central Govern*- ment;

(xi) two persons to be elected by the officers and other employees serving in the Library from amongst themselves in such manner as may be prescribed;

Provided that at least one such person shall be a member of the technical staff of the Library.

Explanation: —For the purposes of this clause “member of the techni­ cal staff” means the Librarian, Deputy Librarian, Assistant Librarian, ^etfinlical Assistant, Junior Technical Assistant,' Lecturer, Microphoto- gripher, Chemist and such other like categories of persons as may be prescribed. (xii) two persons, not below the rank of Joint Secretary to the Government of India to be nominated by the Central Govern­ ment to represent respectively the Ministry or Department of the Central Government dealing with matters relating to the Library and the Ministry of the Central Government dealing with Finance; (xiii) the Director of the Library, who shall be the Member Secretary”. Further consideration of the clause was held over.

4. Clause 5.—The following ao^udment was accepted:

Page 3, for lines 1-3, substitute

“5. A person shall be disqualified for being nominated, or as the Disquali­ case may be, elected as, and for being, a member of the Board fication or the Executive Council— for office (a) if he has been convicted and sentenced to imprisonment for of an offence which involves moral turpitude; or member. (b) if he is an undischarged insolvent; or (c) if he is of unsound mind and is so declared by a competent court; or /d\ a he has such financial or other interest in the Board as ia likely to affect prejudicially the discharge by him of his function as a member”.

The clause, as amended, was adopted 68

6, Clause 6.—The following amendments were accepted:. Page 3, (i) line 4, after "nominated”; insert “and elected"; .. (ii) line 6,after “such” insert— “Provided that the term of office of a member elected under cjause (ii) of sub-section (1) of section 4 or under clause (xi) of that sub-section shall come to an end as soon as he ceases to be a member of the House from which he was elected or, as the case may be, he ceases to be in the employ­ ment of the Board.”

(iii) line 7, after “nominated” insert “or elected” ;

(iv) for lines 11-16, substitute— “ (3) A casual vacancy created by the resignation of a nominated or elected member under sub-section (2) or for any other reason may be filled by fresh nomination by the authority which nominated the member or, as the case may be, the House which elected the member and, a member so nomi­ nated or elected, shall hold office for the remaining period for which the member in whose place he is nominated or elected would have held office.*'; (v) line 17, after “renomination” insert “or re-election” ; (vi) lines 21 and 22, for “ Central Government or the University Grants Commission, as the case may be, ” substitute “authority which nominated the member”.

The clause, as amended, was adopted.

6. New clause 6A.—The following new. clause was adopted:

. Page 3, after line 23, insert—

Vacation (5A. The Central Government shall remove a member of the Board of office or the Executive Council if be­ of ta) becomes subject to any of the disqualifications mentioned in member. Section 5:

Provided that no member shall be removed on the ground that he has become subject to the disqualification mentioned in clause (d) of that section unless he has been given a reasotv- able opportunity of being heard in the matter: or

(b) is, without obtaining leave of absence from theBoard, absent from three consecutive meetings of the Board, or the Executive Council, as the case may be”.

■ 7. Clause 7.—The notice of amendment which was considered and net accepted by the Committee is given in the Annexure.

The clause was adopted without any. amendment. -89

8- Clause 8.—The following amendments were- accepted: _ (1) Page 3, omit lines 31 tot 44. (ii) Page 4, line 1, jar “A nominated member” substitute “Any member” (iii) Page 4, (i) line 1, for “ (2)”, substitute “8” (ii) the following marginal heading shall be added to clause 8— “Members to disclose their financial or other interest in the Board.” . II. The notice of amendment which was considered and not accepted by the Committee is given in the Annexure. The clause, as amended, was adopted.

9. Clause 9.—I. The following amendments were accepted: (i) Page 4, line 8, for “9(1) The Board shall meet at such times and places and shall” substitute “9.(1) The Board shall meet at least twice a year ordinarily at the premises of the Library and shall” (11) Page 4, line 18, for “any person” substitute “an officer of the Ministry or Department concerned not below the rank of Deputy Secretary to the Government of India”. II. The notice of amendment which was considered and not accepted by the Committee is given in the Annexure. The clause, as amended, was adopted.

10. Clause 10.—I. The following amendment was accepted: Page 4, for lines 23—36, substitute—

“ 10. (1) There shall be an Executive Council of the Board con­ Executive sisting of nine members. Council. (2) The Director of the Library shall be the Chairman of the Executive Council and the other members thereof shall be appointed by the Board from among the members of the Board or from outside or partly from among the members of the Board and partly from outside: Provided that a representative each from the Ministry of the Central Government dealing with Finance and the Ministry or Department of the Central Government dealing with the Library be members of the Executive Council. Provided further that not more than three persons shall be appointed from outside. (3) The Executive Council shall assist the Board in the exercise of its powers and the performance of its duties under this Act, end shall exercise such of the powers and perform such of the duties of the Board as may be prescribed or as the Board may delegate to it subject to such conditions as the Bawd may deem fit. 7°

(4) With the previous approval of the Board, it shall be com­ petent for the Executive Council to entertain and adjudicate upon any grievance of the officers and other employees of the Board. , (5) The term of office of those members of the Executive Coun­ cil who are not members of the Board shall be co-terminus with the term of office of the members of the Board."

II. The notice of amendment which was considered and not accepted by the Committee is given in the Annexure. The clause, as amended, was adopted. 11. Clause 11.—The notice of amendment which was considered and net accepted by the Committee is given in the Annexure. The clause was adopted without any amendment

12. Clause 12.—The following amendment was accepted: - \ Page 5, after line 5, insert— “ (2) All orders and decisions of the Executive Council shall be authenticated by the signature of the Director." Hie clause, as amended, was adopted.

18. New tlause 12A.—The following new clause was adopted: Page 5, after line 5, insert— “VisMtwf 12A. (1) The President of India shall be the Visitor of the Library. (2) The Visitor shall have the right to cause an inspection ot the Library to be made or to cause an inquiry to be made in respect of any matter connected with the Library by such person or persons as he may direct. (3) The Visitor shall in every case give notice to the Board of his intention toi cause an inspection or inquiry to be made, and the Board shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or inquiry. (4) The Visitor may address the Chairman with reference to the result of such inspection and inquiry, and the Chairman shall communicate to the Board the views of the ‘Visitor*, with such advice as the Visitor may offer upon the action to be taken thereon. (5) The Board shall communicate through the Chairman to the Visitor such action, if any, as it is proposed to take or ha* been taken upon the result of such inspection or inquiry. (6) Where the Board does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representa­ tion made by the Board, issue such direction as he may think fit and the Board shall be bound to comply with such directions. 71

(7) Without prejudice to the foregoing provisions of this section, the Visitor may, by order in writing, annal or stay any pro­ ceedings of the Board which is not in confirmity with the provisions of this Act or the rules or regulations made thereunder;

Provided that no such order shall be made unless the Board had been given a reasonable opportunity of making a represen­ tation in the matter.”

14 Clause 13.—I. The following amendment was accepted:— '

Page 5, for lines 6—14, substitute >

“ 13. (1) The Visitor shall appoint, in such manner as may be prescribed, a person who is a scholar of distinction or is a Director distinguished librarian possessing high academic status, asLibrar the Director of the Library. (2) The term of office of the Director shall be for a period of five years from the date on which he assumes office or upto the age o(f sixty years, whichever is later:

Provided that no person shall hold the office of the Director after he attains the age of sixty-five years.

(3) The Director shall be entitled to such salary and allowances and shall be subject to such other conditions of service as may be prescribed.

(4) The persojn appointed as the Director and holding office as such at the commencement of this Act shall be deemed to have been appointed under this section and the provisions thereof shall apply to him accordingly”.

II. The notices of amendments which were considered and not accept­ ed by the Committee are given in the Annexure.

The clause, as amended, was adopted.

15. Clause 14.—The discussion on this clause was not concluded.

* 16. The Committee then adjourned to meet again at 15.00 hours on Wednesday, the 26th June, 1974. *

ANNEXURE List'of' notices of amendments considered and not accepted at the sitting of the Joint Committee held on the 25th. June, 1974

S. No. Name of Member and text of Amendment

I 2

Clause 7 SHRI SAMAR GUHA: 1. Page 3, line 25, omit ", or defect in the constitution of,”. Clause 8 SHRI SAMAR GUHA: 2. Page 3, for lines 31—44, substitute-* “8. (1) All members of the Board before nomination or accepting representation shall declare severally in "the form, as may be prescribed, that they have no such financial or bther interest as likely to affect prejudicially the exercise or performance by them of their functions as members of thfe Bbard.” Clause 9 SHRI SANAT KUMAR RAHA: 3. Page 4, after line 12, insert— “The Board shall meet quarterly, once in three months” Clause 10 SHRI SAKTI KUMAR SARKAR: ‘ 4. Page 4, after line 32, insert— “ (b) provided that adequate number of members representing the Scheduled Castes and Scheduled Tribes shall be members of the Executive Council” .

Clause 11 SHRI SANAT KUMAR RAHA: 5. Page 4, line 44, after “vote” insert— “but his opinion shall be recorded as part of the proceedings” Clause 13 DR. RAJAT KUMAR CHAKRABARTI: 8. Page 5, line 8, after “Library” insert— “whose status should be equal to that of a Vice-Chancellor of a Central University.” 7. Page 5, line 12, after “fit” insert— “after evaluating the performance of the incumbent by proper expert committee.” Twenty-first sitting

. « ‘L S r mitl“ ° " the 26th June, 1974 from 15.00

PRESENT Shri Amarnath Vidyalankar-Chatrmon

M e m b e r s Lok Sabha 2. Shri Achal Singh 3. vShri A. K. Kotrashetti 4. Shri Virendra Agarwala 5. Shri Panna Lai Barupal " 6. Shri S. C. Besra 7. Shri Biren Engti 1 8. Shri Samar Guha 9. Shri B. R. Kavade 10. Shri E. R. Krishnan 11. Shri Kumar Majhi 12. Shri H. N. Mukerjee 13. Shri Tuna Oraon 14. Shri P. Antony Reddi 15. Shri Sakti Kumar Sarkar 16. Shri S. A. Shamim 17. Shri Raj aram Shastri 18. Shri Somchand Solanki 19. Shri D. P. Yadav " ‘ j Rajyq. Sabha

20. Shrimati Sushila Shankar Adivarekar i .i 21. Dr. Rajat Kumar Chakrabarti 22. Shrimati Maragatham Chandrasekhar 23. Shfi Davendra Nath Dwivedi ^ 24. Shri Niren Ghosh 25. Shri N. G. Goray , 26. Prof. S. Nurul Hasan , 27. Dr. Ramkripal Sinha 28. Shri A. K. Refaye 29. Shri Sanat Kumar Raha : 1 30 Dr. V. D. Singh

Legislativk Counsel 1. Shri S. Harihara Iyer—Joint Secretary and Legislative Counsel. 2. Shri K. M. Sarkar—Assistant Legislative Counsel, R e p resentatives o f t h e M i n i s t r y o f E d u c a t io n a n d S o c i a l W e l f a r e (D e p a r t m e n t o f C u l t u r e ) 1. Shri Mohan Mukerji, Additional Secretary. 2. Shri K. K. Baksi, Deputy Secretary. 3. Shri A. SL Talwar, Deputy Secretary. 4. Shri B. Banerji Chowdhury, Librarian, National Library, Calcutta.

S e c r e t a r ia t S h r i K. D . Chatterjee—Under Secretary. 2. The Committee took up further clause-by-clause consideration of the Bill. 3. Clause 14 [vide paragraph 15 of the Minutes dated the 25th June, 1974].—The discussion on this clause was not concluded. The notices of amendments which were considered and not accepted by the Committee are given in the Annexure. 4. The Committee then decided to meet at 15.00 hours on Thursday, the 27th June, 1974, to take up further clause-by-clause consideration of the Bill. 5. The Committee then adjourned.

ANNEXURE List of notices of amendments considered and not accepted at the sitting of the Joint Committee held on the 26th June, 1974 S. No. Name of member and text of amendment

Clause 14 SHRI SAMAR GUHA: 1. In the amendment proposed by Prof.' S. Nurul Hasan, in sub-clause (3), after “concerned” insert— “Every officer or employee shall continue to remain as employee of the Central Government after the enactment of the BUI.” DR. RAJ AT KUMAR CHAKRABARTI: 2. Page 5, line 18, after “fit” insert— “till such time, as of the functioning of the Board comes into force, no sanctioned posts in the library including that of the post of Librarian be abolished” IS X X II

T w enty-second sitting The Committee sat on Thursday, the 27th June, 1974 from 15.00 to 16.30 hours. PRESENT Shri Amarnath Vidyalankar—Chairman i Members Lok Sabha 2. Shri A. K. Kotrashetti 3. Shri Virendra Agarwala " 4. Shri S. C. Besra 5. Shri Samar Guha 6. Shri B. R. Kavade 7. Shri Kumar Majhi ' 8. Shri H. N. Mukerjee “ 9. Shri Tuna Oraon 10. Shri Sakti Kumar Sarkar 11. Shri S. A. Shamim 12. Siuri Rajaram Shastri 13. Shri Somchand Solanki 14. Shri D. P. Yadav ' Rajya Sabha 15. Shrimati Sushila Shankar Adivarekar 16. Dr. Rajat Kumar Chakrabarti 17. Shri Davendra Nath Dwivedi 18. Shri Niren Ghosh 19. Prof. S. Nurul Hasan 20. Shri Shamlal Gupta 21. Dr. Ramkripal Sinha 22. Shri Sanat Kumar Raha ~ , 23. Dr. V. B. Singh ‘ '

L egislative Counsel Shri S. Harihara Iyer—Joint Secretary and Legislative Counsel. R epresentatives of the Ministry of Education and Social W elfare

(D epartment of Culture ) , 1. Shri Mohan Mukerji—Additional Secretary. 2. Shri K. K. Baksi—Deputy Secretary. 3. Shri A. S. Talwar—Deputy Secretary. 4. Shri B. Banerji Chowdhury—Librarian, National Library, Cal­ cutta. -S. " Secretariat Shri K. D. Chatterjee—Under Secretary. 2. The Committee resumed further clause-by-clause consideration of the Bill. 3. Clause 2 [vide paragraph 3 of the Minutes dated the 24th June, 1974]-—The clause was adopted without any amendment. 4. Clause 6 [vide paragraph 5 of the Minutes dated the 25th June, 1974].—The Committee re-opened, discussion on this clause. The clause was adopted in the following form:— Term of 6. (1) Every nomination or election as the case may be, of the office etc., of chairman and the other members under section shall be members. notified by the Central Government in the Official Gazette and their term of office shall be three years from the date of such notification: Provided that the term of office of a member elected under clause (ii) of sub-section (1) of section 4 or under clause (xi) of that sub-section shall come to an end as soon as he ceases to be a member of the House from which he was elected or, as the case may be, he ceases to be in the employment of the Board. (2) Any nominated or elected member may resign his office by giving notice in writing to the Central Government and, on such resignation being notified by the Central Government in the Official Gazette, he shall be deemed to have vacated his office. (3) A casual vacancy created by the resignation of a nominated or elected member under sub-section (2) or by any other reason may be filled by fresh nomination by the authority which nominated the member or, as the case may be, by fresh elec­ tion by the House or body which elected the member and such nomination or election shall be notified by the Central Government in the Official Gazette and a member so nomi­ nated or elected shall hold office for the r e m a i n i n g period for which the member in whose place he is nominated or elected would have held office. (4) An outgoing member shall be eligible for re-nominatjon or re­ election. . (5) If any nominated member is by infirmity or otherwise ren­ dered temporarily incapable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his office, the authority which nominated the member may nominate another person to act in his place during his absence. 5. Clause 10 [vide paragraph 10 of the Minutes dated the 25th June, 1974],—The Committee reopened discussion on this clause. The clause was adopted in the following revised form:— ~

"Execu­ 10. (1) There shall be in Executive Council of the Board consist­ tive ing of nine members. Council. (2) The Director of the Library shall be the Chairman of the Executive Council and the other members thereof shall be appointed by the Board partly from among the members of the Board and partly from outside: Provided that a representative each from the Ministry of the ' Central Government dealing with Finance and the Ministry oi 1 Department of the Central Government dealing with the Library shall be members of the Executive Council. . 71 ' Provided further that without prejudice to the provisions of the preceding proviso, not more than three persons shall be i appointed from outside. (3) The Executive Council shall assist the Board in the exercise of its powers and the performance of its duties under this Act, and shall exercise such of the powers and perform such of the duties of the Board as may be prescribed or as the Board may delegate to it subject to such conditions as the > Board may deem fit. (4) With the previous approval of the Board it shall be competent for the Executive Council to entertain and adjudicate upon any grievance of the officers and other employees of the Board. (5) The term of office of those members of the Executive Council who are not members of the Board shall be co-terminus with the term of office of the members of the Board.” 6. Clause 14 [vide paragraph 3 of the Minutes dated the 26th June, 1974].—The Committee held over further consideration of the clause. 7. Clause 15.—Consideration of this clause was held over. 8. Clause 16.—The clause was adopted without any amendment. . The notice of amendment which was considered and not accepted by the Committee is given in the Annexure. 9. Clause 17.—The clause was adopted without any amendment. 10. Clause 18.—I. The following amendment was accepted: — Page 6, for lines 4 to 15, substitute— 18. (1) It shall be the general duty of the Board to manage the 'Duties Library and to implement programmes for the development of Board. of the Library on modem scientific lines, to advise the Central and State Governments on matters relating to libra­ ries and the working thereof, including the preparation of bibliographs, descriptive catalogues and other matters and perform such other functions as the Central Government may, from time to time, assign to the Board. (2) In particular and without prejudice to the generality of the foregoing provision, the Board may take such steps as it thinks fit,— (a) to render service to the public for using the library and to conserve the existing collection of manuscripts, books and other articles in the Library, on modern scientific lines; (b) to acquire and conserve all significant production of material printed in India, all printed material concerning India irrespective of the place from where it is published, and manuscripts of national importance; (c) to render technical advice to the other public libraries within the meaning of clause (b) of section 2 of the D e l iv e r y of Books and Newspapers (Public Libraries) Act, 1954; 2 7 o f 1 9 5 4 . (d) to u n d e r t a k e publication of bibliographies and assist insti­ tutions and scholars in the publication of bibliographies; 4 78

< (e) to provide facilities for, or to promote sympsia and semi­ ' nars on matters relating to history, literature, science and the like; (f) to arrange for the exhibition of such manuscripts, books, : articles or things of the Library as, in the opinion of the ■ Board, would be of interest to the public; (g) to undertake and promote exchange of books and periodi­ cals with libraries and other institutions in countries outside India; (h) to undertake duplication (including photo-duplication) and preservation of manuscripts, books, articles or things on behalf of any persons or institution on such terms and conditions as may be agreed upon between the Board and such person or institution; and ' (i) to do all such other things as may be commensurate with : the role of a national library.” II. The notices of amendments which were considered and not accept­ ed by the Committee are given in the Annexure. The clause, as amended, was adopted. 11. Clause 19.—The clause was adopted without any amendment. The notice of amendment which was considered and not accepted by the Committee is given in the Annexure. 12 Clauses 20 and 21.—These clauses were adopted without any amendment. - ' 13. Clause 22.—The clause was adopted without any amendment. The notice of amendment which was considered and not accepted by the Committee is given in the Annexure. 14. Clause 23.—The clause was adopted without any amendment. 15. Clause 24.—The following amendment was accepted:— Page 8, line 6, add at the end— “and the Central Government shall cause the same to be laid before both the Houses of Parliament”. The clause, as amended, was adopted. 16. Clause 25.—The Committee felt that in order to ensure the auto­ nomous status of the Board, the functions of the Board should not be subjected to the directions of the Central Government. The Committee, therefore, decided to omit clauses 25 of the Bill. , * 17. Clauses 26 to 28.—Thes

•&£I z ± n r * ! r nott“ of “ en,to“‘ fcr *—*» t • « w inZ Z T “ d not "»*• * by «• Committee "and is given

thZ . ' 1“ “ ,ed 10 S“ ° " S ^ n h y . the 13th and deration of th« the Bill.Bill “ '° Uk* “P furlher d*me-by.cIaMe const 22. The Committee then adjourned.

ANNEXURE List of notices of amendments considered and not accepted at the sitting Of the Joint Committee held on the 27th June , 1974

SI. No. Name of member and text of amendment

Clause 16 SHRI SANAT KUMAR RAHA: 1. Page 5, line 36, after “Calcutta” insert ' “permanently and its pre-eminehce shall be preserved fully and maintained for further development in Co-operation with other regional public libraries and for the growth of a healthy library system and library science in the country to enrich the stock of knowledge”.

Clause W SHRI SANAT KUMAR RAHA: 2. In the amendment proposed by Prof. S. Nurul Hasah, in sub­ clause (1), after “the working thereof” insert “and on matters such, as the need of a net work of Library system in the country, co-ordination, development of regional, state level and other Public Libraries in the country in an integrated manner for development of informal education and advancement of knowledge”. SHRI SAKTI KUMAR SARKAR: 3. In the amendment proposed by Prof. S. Nurul Hasan, for sub­ clause (2) (g) substitute “ (g) To undertake and promote exchange of books and periodi­ cals, and exchange of experience in the field of Library Science with Libraries and other institutions in countries out­ side India”. SHRI SANAT KUMAR RAHA: 4. Page 6, line 8, after “Board” insert “to achieve the object of developing in a co-ordinated manner the National Library system in the country” 8o

Clause 19 *

DR. RAJ AT KUMAR CHAKRABARTI: 5. Page 6, lines 21 and 24, for “Board” substitute “Executive Council” > Clause 22 '' DR. RAJAT KUMAR CHAKRABARTI: 6. Page 7, after line 19, insert

“ (5) Subject to approval of the Board, the Director shall have the power to spend a sum of money within the frame of sanctioned budget to meet the necessary expenses of the library for day to day expenses, purchasing books etc.” Clause 29 DR. RAJAT KUMAR CHAKRABARTI: 7. Page 8, for lines 32—38, substitute “The Central, Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act ■ so far as all or any of the following matters are concerned and the rest of the rules or regulations for proper functioning of the library is concerned, shall be made by the Board—”

New clause 31

DR. RAJAT KUMAR CHAKRABARTI: 8. Page 10, after line 13, insert “31. The National Library at Calcutta shall act as an apex library of the whole library system in the country and co-ordinate the work of all Regional libraries set up under the Compulsory Book Deposit System in different regions.” xxm Twenty-duni sitting The Committee sat on Saturday, the 13th July, 1974 from 15.00 to 17.45 hours. PRESENT Shri Amarnath Vidyalankar—Chairman.

M e m b e r s Lok Sabha 2. Shri Achal Singh 3. Shri A. K. Kotrashetti 4. Shri Virendra Agarwala 5. Shri S. C. Besra 6. Shri Biren Engti 7. Shri Samar Guha *• - . 8. Shri B. R. Kavade . 9. Shri E. R. Krishnan : 10. Shri Kumar Majhi . 11. Shri H. N. Mukerjee 12. Shri Saroj Mukherjee ' 13. Shri P. Antony Reddi '• 14. Shri P. Ganga Reddy 15. Shri S. A. Shamim 16. Shri Rajaram Shastri 17. Shri Somchand Solanki

Rajya Sabha 18. Shrimati Sushila Shankar Adivarekar 19. Shri Niren Ghosh ' 20. Shri N. G. Goray 21. Prof. S. Nurul Hasan 22. Shri Shamlal Gupta 23. Prof. Rasheeduddin Khan 24. Shri A. K. Refaye 25. Shri Sanat Kumar Raha

Legislative Counsel 1. Shri S. Harihara Iyer—Joint Secretary and Legislative Counsel. 2. Shri R. N. Shinghal—Assistant Legislative Counsel.

R epresentatives of the Ministry of Education and S ocial W elfare (D epartment of Culture )

1. Shri Mohan Mukerji—Additional S e c r e ta r y . 2. Shri K. K. Baksi—Deputy Secretary. 3. Shri B. Banerji Chowdhury—Librarian, National Library, Calcutta.

Secretariat Shri H. G. Paranjpe—Deputy Secretary. 2. The Committee resumed clause-by-clause consideration of the Bill.

3. Clause 4 [vide paragraph 3 of the Minutes dated the 25th June, 1974 ],—The following amendment was accepted: Page 2, omit lines 40 and 41. The clause, as further amended, was adopted.

4. Clause 14 [vide paragraph 6 of the Minutes dated the 27th June, 1974 ],_The discussion on this clause was not concluded. The notice of amendment which was considered and not accepted by the Committee is given in Annexure.

5. The Committee adjourned at 17.45 hours for want of quorum. 82

ANNEXURE List of notice of amendment considered and not acoepted at the sitting of the Joint Committee held on the 13th July, 1974,

S. No. Name of the member and text of amendment

Clause 14 SHRI SAROJ MUKHERJEE Page 5, line 15, (i) omit “subject to the provisions of sutxection (2)” (ii) for “Board” substitute “Central Government”

XXIV

Twenty-fourth sitting The Committee sat on Sunday, the 14th July, 1974 from 10.00 to 12.00 hojurs. PRESENT Shri Amarnath Vidyalankar—Chairman

M e m b e r s Lok Sabha 2. Shri Achal Singh 3. Shri A. K. Kotrashetti 4. Shri Vvendra Agarwala 5. Shri Panna Lai Barupal 6. Shri S. C. Besra 7. Shri Biren Engti - i 8. Shri Samar Guha 9. Shri B. R. Kavade '• 10. Shri E. R. Krishnan 11. Shri Kumar Majhi 12. Shri H. N. Mukerjee 13. Shri Saroj Mukherjee 14. Shri Tuna Oraon 15. Shri P. Ganga Reddy 16. Shri Rajaram Shastri

Rajya Sabha 17. Shrimati Sushila Shankar Adivarekar 18. Shrimati Maragatham Chandrasekhar 19. Shri Davendra Nath Dwivedi 20. Shri Niren Ghosh 21. Shri N. G. Goray I 83 21 Prof.-S. Nurul Hasan 23. Shri A. K. Rafaye 24. Shri Sanat Kumar Raha

- Legislative Counsel Shri S. Harihara Iyer, Joint Secretary and. Legislative Counsel.

R epresentatives of the Ministry of Education and Social W elfare (D epartment of C ulture ) 1. Shri Mohan Mukerji, Additional Secretary. 2. Shri K. K. Baksi, Deputy Secretary. 3. Shri B. Banerji Chowdhury, Librarian, National Library, Cal­ cutta.

Secretariat Shri H. G. Paranjpe—Deputy Secretary.

2. The Committee took up further clause-by-clause consideration ot the Bill.

3. Clause 2 [Vide paragraph 3 of the Minutes dated the 27th June, 1974].—The discussion of this clause was reopened. The following amendment was accepted: Page 2, for line 2, substitute— “ (d) ‘Library’ means the institution located at Calcutta and known at the commencement of the Constitution as the National Library.”

The clause, as amended, was .adopted.

4. Clause 14 [vide paragraph 4 of the Minutes dated the 13th July, 1974 ],—I. The following amendments were accepted:— (i) Page 5,

(a) line 15, for “subjection (2)”, substitute “this section” ;

(b) after line 21, insert— “ (3) Every officer or other employee o£ the Board not being an officer or other employee appointed bn deputation shall be appointed on a written contract which shall be lodged with the Board and a copy of which shall be furnished to the employee concerned. (4) Any dispute arising out of a contract between the Board and any of its officers or other employees not being an officer or other employee appointed on deputation shall, at the request of the employee concerned or at the instance of the Board, be referred to a Tribunal of Arbitration con­ sisting of one member appointed by the Board, one mem­ ber nominated by the employee, and an umpire appointed by the Visitor. 84

(5) The decision of the Tribunal of Arbitration shall be final and shall not be questioned in any court. (6) No suit or proceeding shall lie in any court in respect of any matter which is required by sub-section (2) to be referred to the Tribunal of Arbitration. (7) The Tribunal of Arbitration shall have power to regulate its own procedure. (8) frothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section”.

V (ii) Page 5, line 18, after “fit” insert “and in making such appointments, the Board shall act in conformity with the orders of the Central Government for the time being in force regarding reservation for the Scheduled Castes and the Scheduled Tribes in the services of the Union.”

II. The notices of amendments which were considered and not accepted by the Committee are given in the Annexure. The clause, as amended, was adopted.

5. Clause 15.—I. The following amendment was accepted: ^

Page 5, for lines 22 to 34, substitute—

"Transfer 15. (1) On the establishment of the Board it shall be lawful for of service the Central Government to transfer by order and with effect of exist­ from such date or dates as may be specified in the o&er to ing em­ the Board any of the officers or other employees serving in ployees to the Library: Board. Provided that no order under this sub-section shall be made in relation to an officer or other employee who has in respect of the proposal of the Central Government to transfer such officer or employee to the Board intimated within such time as may be specified in this behalf by that Government, his intention of not becoming an employee of the Board. (2) An officer or other employee transferred by an order made under sub-section (1) shall, on and from such date, cease to be an employee of the Central Government and shall become an employee of the Board with such designation as the Board may determine and shall, subject to the provisions of sub­ sections (3), (4) and (5) be governed by the regulations made by the Board under this Act as respects remuneration and other conditions of service including pension, leave and provident fund and shall continue to be an employee of the Board unless and until his employment is terminated by the Board. (3) Every officer or other employee transferred by an order made under sub-section (1), shall, within six months from such date, exercise his option in writing to be governed— (a) by the scale of pay applicable to the post held by him under the Government immediately before the date of establish- 85

ment of the Board or by the scale of pay applicable to the post under the Board to which he is transferred,

(b) by the leave; provident fund, retirement or other terminal benefits admissible to employees of the Central Government in accordance with the rules and orders of the Central Gov­ ernment as amended from time to time or the leave, provi­ dent fund or other terminal benefits admissible to the emplo­ yees of the Board under the regulations made by the Board under this Act, and such option once exercised shall be final:

Provided that the option exercised under clause (a) shall be applicable only in respect of the post to which such person is transferred to the Board and on appointment to a higher post under the Board, he shall be eligible only for the scale of pay applicable to such higher post: v

Provided further that if immediately before the date of his - transfer any such person is officiating in a higher post under the Government either in a leave vacancy or in any other vacancy of a specified duration, his pay, on transfer, shall be protected for the unexpired period of such vacancy and thereafter he shall be entitled to the sc4?e of pay applicable to the post under the Government to which he would have reverted o*r to the scale of pay applicable to the post under the Board to which he is transferred, whichever he may opt.

(4) No officer or >other employee toansferred by an order made under sub-section (1)—

(a) shall be dismissed or removed by an authority subordinate to that competent toi make a similar or equivalent Appoint­ ment under the Board as may be specified in the regulations made by the Board under this Act;

(b) shall be dismissed or removed or reduced in rank except after an inquiry in which Ire has been informed of the charges against him and given .a reasonable opportunity of being heard in respect of those charges and where it is pror posed, after such inquiry, to impose on him any such penalty, until he has been given a reasonable opportunity of making a representation on the penalty proposed, but only on the basis ot the evidence adduced during such inquiry:

Provided that this clause shall not. apply,—

(i) where any officer or other employee is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or

(ii) where the authority empowered to dismiss or remove (any officer or other employee or to reduce him in rank is satis­ fied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or 86

(iii) to any officer or other employee who, after transfer to the Board, is appointed ta a higher post under the Board in response to an open advertisement and in competition with outsiders.

(5) If, in respect of any such officer or other employee as afore­ said, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in sub-section (4) the decision thereon of the authority empowered to dismiss or remove him or to reduce him in rank shall be final".

'II. The notices of amendments whieh were considered and not accep­ ted by the Committee are given in the Annexure, The clause, as amended, was adopted.

6. Clause 1.—I. The following amendments were accepted: Page 1, line 5, (i) after “Library” insert “of India” (ii) for “ 1972” substitute “ 1974” ,

II. The notice of amendment which was considered and not accepted by the Committee is given in the Annexure.

The clause, as amended, was adopted

7. Long Title.—The following amendment was acoepted: In the Long Title, after “Library” insert “of India"

The Long Title, as amended, was adopted.

8. Enacting Formula.—The following amendment was accepted:

Page 1, line 1, for “Twenty-third” substitute “Twenty-fifth” The Enacting Formula, as amended, was adopted.

9. The Committee authorised the Legislative Counsel to correct patent errors and carry out amendments of consequential nature in the Bill, if any.

10. The Chairman then drew the attention of the Membens of the Committee to the provisions of Direction 87 of the Directions by the Speaker relating to Minutes of Dissent.

11. The Committee decided to sit on Tuesday, Jhe 23rd July, 1974 at 09.30 hours for consideration and adoption of their draft Report.

12. The Committee then adjourned. 87

ANNEXURE List of notides of amendments considered and not accepted at the sitting of the Joint Committee held on the 14th July, 1974.

S. No. Name of member and text of amendment

_ _ _ ; ■

CLAUSE 14 SHftI SAMAR GUHA *1. In the amendment proposed by Prof. S. Nurul Hasan; in sub-clause (3), after “Concerned” insert “Every officer or employee shall continue to remain as emplo­ yee of the Central Government after the enactment of the Bill.” SHRI SAROJ MUKHiERJEE 2. In the amendment proposed by Prof. S. Nurul Hasan, (i) for sub-clause (4) substitute “ (4) Any dispute arising out of a contract between the board and any of its officers or other employees shall, .at the request of the employee concerned or at the instance of the Board, be decided in accordance with the provision of the Industrial Disputes Act,” , (ii) omit sub-clauses (5), (6), (7) and (8).

SHRI SAMAR GUHA ' 3. For the amendment proposed by Prof. S. Nurul Hasan, substitute Page 5, line 20, after “employed dhall be” insert “according to Central Gpvenwnfnt’s existing rules,”. 4. Page 5, , for lines 15—18, substitute “ 14. (1) The Central Government may appoint such other officers and employees, as may be recommended by the Board.” 5. Page 5, for lines 19—21, substitute “ (2) The recruitment and conditions of service of all officers and employees of the Libraary, including the Director, shall be governed by the Central Civil Service Rules.” SHRI SAROJ MUKHERJEE 6. Page 5, line 19, for “such” substitute “all”

♦The discussion on this amendment was re-opened and again it was not accepted. 88

7. Page 5, lines 20-21, for “such as may lae provided Dy regulations made under this A ct" ' substitute “governed by the Central CiVil Service Rules.” CLAUSE 15 SHRI SAMAR GUHA 8. For the amendment proposed by Prof. S. Nurul Hasan, substitute— “ 15. Every person employed in the Library immediately before the date of establishment of the Board, shall on and from such date, continue to remain as the employee of the Central Government, provided he is not a nominated or elected Member of the Board.”

SHRI SAROJ MUKHERJEE 9. In the amendment proposed by Prof. S. Nurul Hftsan, (i) for the proviso to sub-clause (4) substitute “Provided that this clause shall not apply where any officers or other employee is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge.” (ii) omit sub-clause (5)

CLAUSE 1 SHRI SAMAR GUHA 10. Page 1, for lines 6-7, substitute ‘T h e Act will come into force when the Government consider it desirable by issuing a notification to that effect aftertwo years.”

XXV - .,= Twenty-fifth sitting The Committee sat on Tuesday, the 23rd July, 1974 from 09.30 to 10.30 hours.

PRESENT ' ( i Shri Amarnath Vidyalankar—Chairman

M embers '» i ' Lok Sabha » 2. Shri Achal Siiigh 3. Shri Virendra Agarwaia ’ ‘ 1 4. Shri Panna Lai Barupal 5. Shri Biren Engti 6. Shri K. Gopal 89 7. Shri Samar Guha 8. Shri B. R. Kavade 9. Shri Y. S. Mahajan 10. Shri Kumar Majhi 11. Shri H. N. Mukerjee _ 12. Shri Saroj Mukherjee 13. Shri Tuna Oraon 14. Shri Ramubhai Ravjibhai Patel 15. Shri Somchand Solanki 16. Shri D. P. Yadav * Rajya Sabha 17. Shrimati Sushila Shankar Adivarekar 18. Dr. Rajat Kumar Chakrabarti 19. Shrimati Maragatham Chandrasekhar 20. Shri Davendra Nath Dwivedi t 21. Shri Niren Ghosh 22. Shri N. G. Goray 23. Prof. S. Nurul Hasan ' 24. Shri Shamlal Gupta 25. Shri Sanat Kum»r Raha

L egislative Counsel 1. Shri S. Harihara Iyer, Joint Secretary and Legislative Counsel. 2. Shri R. N. Shinghal, Assistant Legislative Counsel.

R epresentatives of the Ministry of Education and Social W elfare (D epartment of Culture ) 1. Shri Mohan Mukerji, Additional Secretary. 2. Shri K, K. Baksi, Deputy Secretary. 3. Shri A. S. Talwar, Deputy Secretary. Secretariat ~ Shri H. G. Paranjpe—Deputy Secretary, 2. The Committee considered and adopted the Bill with the following modification. 3. At their sitting held on the 14th July, 1974, the Committee decided that the name of the proposed legislation might be changed to the National Library of India Act, 1974. Sub-clause 1(1) was amended accordingly. The Committee were informed that by changing the short title of the Bill, the name of the ‘National Library’ did not itself get changed to National Library of India and to achieve this purpose, it was necessary to incorporate a specific provision in the Bill. Accordingly, the follow­ ing amendment was made:—

For clause 16, substitute Library (l) On and after the commencement of this Act, the Library tobe shall be known as “The National Library of India”, and any “National reference to the National Library in any law for the time Library ’ ot India” and lo­ cation of library. 9©

being in force or in any identure, instrument or other docu­ ment shall be construed as a reference to the National Library of India. (2) The Library shall continue to be located at Cafcotta.”

4. The Committee then considered and adopted the draft Report.

5. The Chairman announced that the Minutes of Dissent, if any, might be 9 ent to the Lok Sabha Secretariat so as to reach them by 15.60 hours on Thursday, the 25th July, 1974. 6. The Ccwnmittee authorised the Chairman and, in his absence, Shri Y. S. Mahajan to present the Report and to lay the Evidence on the Table of the House on Friday, the 20th July, 1974.

7. The Committee also authorised Shri Davendra Nath Dwivedi and, his absence, Shrimati Sushila Shankar Adivarekar t© lay tlie Report and Evidence on the Table of Rajya Sabha on the 26th July, 1974.

8. The Committee placed on record their appreciation (or the assis­ tance rendered by the Minister of Education, Social Welfare and Culture (Prof. S. Nurul Hasan) and the Deputy Minister (Shri D. P. Yadav) during the course of their deliberations.

9. The Committee also placed on record their appreciation for the co­ operation and assistance rendered by the Legislative Counsel and the officers of the Ministry of Education and Social Welfare (Department of Culture) and the officers and staff of the Lok Sabha Secretariat.

10. The Chairman, while associating himself in thanking above men­ tioned officers, thanked members o f the Committee also fbr extending their full cooperation to him lor conducing tke proceedings of the Com­ mittee, and - even though presented their respective view points most vehemently, respecting the opinions of others who differed from them and so maintaining the decorum of discussions, and keeping in most congenial atmosphere for the Committees’ deliberations.

11. The Committee also placed on record their thanks to the Chairman for ably conducting the proceedings of the Committee and guiding their deliberations at various stages of the Bill. 12. The Committee then adjourned.

I